Code of Civil Procedure, 1908 Model Test 2 (English)

Time Allowed30 Minutes

Total Questions50 MCQs

Total Marks50 Marks

Negative Marking-0.25 Marks

Qualifying Mark50% Pass

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Carefully select one correct option for each multiple-choice question.
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Time limit: 30 minutes. Complete the test within time.

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CPC Model Test 2 (English)

Code of Civil Procedure, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Rules made under the Rule Committee and Supreme Court are subject to the previous approval of (Section 126):

A) The Prime Minister

B) The Attorney General

C) The Parliament

D) The President

2 / 50

Can an appeal lie from an ex parte original decree (Section 96)?

A) Yes

B) Only with permission of the Government

C) No

D) Only if the amount exceeds 50,000 Taka

3 / 50

Appeals from Orders are specified in:

A) Section 109

B) Section 115

C) Section 96

D) Section 104

4 / 50

An application for Review of Judgment (Section 114) lies when:

A) All of the above

B) No appeal is allowed by the Code

C) An appeal is allowed but no appeal has been preferred

D) A decision on a reference from a Court of Small Causes has been made

5 / 50

Where any persons agree in writing to state a case for the opinion of the Court, it is called (Section 90):

A) Reference

B) Review

C) Interpleader

D) Special Case

6 / 50

Where an appeal is heard by a Bench of two Judges who differ on a point of law, what happens (Section 98)?

A) The appeal is dismissed

B) It goes directly to the Appellate Division

C) The lower court's decree is automatically reversed

D) They may state the point of law, and it shall be heard by one or more of the other Judges

7 / 50

By how many days can the Court extend the time for mediation?

A) 15 days

B) 30 days

C) 60 days

D) 45 days

8 / 50

Does the exemption under Section 132 exempt such women from arrest in execution of civil process?

A) Only interpleader suits

B) Yes, absolutely

C) Only if they are pregnant

D) No, unless arrest is specifically prohibited by the Code (like Section 56 for money decrees)

9 / 50

According to Section 121, the rules in the First Schedule shall have effect as if:

A) They are enacted in the body of this Code

B) They are mere guidelines

C) They are unconstitutional

D) They are applicable only in Dhaka

10 / 50

Section 132 exempts from personal appearance in Court:

A) All women

B) Women who, according to customs, ought not to appear in public

C) Men above 70 years

D) Government employees

11 / 50

Does an appeal lie from an order passed in appeal (Section 104)?

A) No

B) Yes, if the amount exceeds 20,000 Taka

C) Yes, always

D) Only to the Appellate Division

12 / 50

Which of the following is NOT a power of the Appellate Court under Section 107?

A) To take additional evidence

B) To remand a case

C) To arrest the defendant immediately

D) To determine a case finally

13 / 50

An application to the High Court Division for revision of a revisional order made by the District Judge requires (Section 115(4)):

A) A minimum property value of 50,000 Taka

B) The consent of the Attorney General

C) A deposit of 10,000 Taka

D) Leave granted by the HCD on an error of an important question of law

14 / 50

In a suit for public nuisance, is it necessary to prove that "special damage" has been caused?

A) Yes, mandatory

B) No, the suit can be instituted though no special damage has been caused

C) Yes, unless the Attorney General files it

D) Only if the damage is pecuniary

15 / 50

Section 89A deals with the resolution of disputes through:

A) Negotiation

B) Conciliation

C) Arbitration

D) Mediation

16 / 50

Suits concerning alleged breach of trust created for public charities are dealt with under which section?

A) Section 92

B) Section 93

C) Section 91

D) Section 94

17 / 50

If a mediation initiative led by the Court itself fails, can the same Judge hear the suit?

A) No, the suit shall be heard by another court of competent jurisdiction

B) Yes, always

C) The suit is dismissed

D) Yes, if the parties consent

18 / 50

If a diplomatic agent initiates proceedings in a Court, can he invoke immunity in respect of a connected counter-claim?

A) Only with the sending State's permission

B) Only if the counter-claim exceeds his claim

C) No

D) Yes

19 / 50

A foreign State may sue in any Court in Bangladesh provided that (Section 84):

A) It has been recognized by the Government

B) It has an embassy in Bangladesh

C) The subject matter is worth over 1,00,000 Taka

D) It is a member of the UN

20 / 50

The Court may direct executive authorities/law enforcement agencies to assist in executing a decree under:

A) Section 95

B) Section 100

C) Section 96

D) Section 94A

21 / 50

Under Section 86(3), can a Ruler of a foreign State be arrested under the Code of Civil Procedure?

A) No, no such Ruler shall be arrested

B) Only if the Supreme Court orders

C) Yes, if the decree is for money

D) Yes, with police permission

22 / 50

A suit for public nuisance (Section 91) may be instituted by:

A) The Attorney General, or two or more persons with the Attorney General's written consent

B) Any citizen of Bangladesh

C) Only the aggrieved party

D) The District Magistrate

23 / 50

Who is NOT eligible for appointment as a mediator under Section 89A?

A) An engaged pleader of the parties

B) A retired judge

C) A Legal Aid Officer

D) A person holding an office of profit in the service of the Republic

24 / 50

The Rule Committee constituted under Section 123 must include:

A) 3 Advocates, 1 District Judge, 1 Magistrate

B) 3 Judges of the Supreme Court, 2 Advocates, 1 Subordinate Court Judge

C) 5 Supreme Court Judges

D) Only Members of Parliament

25 / 50

If a party aggrieved by a preliminary decree does not appeal from it, can they dispute its correctness in an appeal from the final decree (Section 97)?

A) Yes, anytime

B) No, they shall be precluded from disputing it

C) Yes, if the High Court allows

D) Yes, if it involves an error of law

26 / 50

Does an order determining an application for compensation under Section 95 bar a subsequent suit for compensation?

A) No, a separate suit can be filed

B) Only if the High Court orders

C) Yes, it bars any separate suit for compensation

D) Only if the compensation awarded was less than 5,000 Taka

27 / 50

Mediation under Section 89A is mandatory EXCEPT in a suit under:

A) The Limitation Act

B) The Specific Relief Act

C) The Artha Rin Adalat Ain, 2003

D) The Family Courts Ordinance

28 / 50

Section 89C makes mediation mandatory in which proceeding?

A) Execution proceeding

B) Revision proceeding

C) Review application

D) Appeal from an original decree (Order XLI)

29 / 50

Section 88 deals with which type of suit?

A) Representative suit

B) Public nuisance suit

C) Interpleader suit

D) Restitution suit

30 / 50

Under Section 96(3), an appeal shall NOT lie from a decree passed:

A) In an interpleader suit

B) By a Joint District Judge

C) With the consent of parties

D) Ex parte

31 / 50

Does Part IX (Sections 116-120) apply to all Civil Courts?

A) No, it applies only to the High Court Division

B) Only to District Courts

C) Yes

D) Only to Small Cause Courts

32 / 50

Under Section 115(2), which Court can call for the record of an order passed by a Joint District Judge from which no appeal lies?

A) The Appellate Division

B) The High Court Division

C) The Court of District Judge

D) The Supreme Court

33 / 50

According to Section 99, no decree shall be reversed or remanded on account of:

A) Any error or irregularity NOT affecting the merits of the case or the jurisdiction of the Court

B) Lack of pecuniary jurisdiction

C) Fraud by the plaintiff

D) Lack of territorial jurisdiction

34 / 50

Under Section 83, alien enemies residing in Bangladesh may sue in Courts if they have the permission of:

A) The Attorney General

B) The Supreme Court

C) The High Court Division

D) The Government

35 / 50

Upon successful compromise through mediation under Section 89A, the parties are entitled to a refund of court fees within:

A) 90 days

B) 120 days

C) 30 days

D) 60 days

36 / 50

Under Section 109, an appeal shall lie to the Appellate Division from any Judgment, decree or final order if the High Court Division certifies that:

A) A public officer is involved

B) The case involves a foreign national

C) The property is outside Bangladesh

D) The case is a fit one for appeal

37 / 50

An interpleader suit is instituted by a person who:

A) Claims no interest in the property other than for charges/costs and is ready to deliver it to the rightful claimant

B) Is a public officer

C) Claims the property for himself

D) Has a dispute with a foreign State

38 / 50

A diplomatic agent cannot be sued in Bangladesh except in a case relating to (Section 86A):

A) Any professional or commercial activity exercised by him outside official functions

B) A succession in which he is an executor/heir as a private person

C) All of the above

D) Private immovable property held in private capacity

39 / 50

Section 89B provides for withdrawal of a suit for settlement through:

A) Foreign Court

B) Gram Adalat

C) Salish Ain, 2001 (Arbitration)

D) Mediation

40 / 50

Section 113 deals with:

A) Review

B) Restitution

C) Revision

D) Reference to the High Court Division

41 / 50

Does an appeal or revision lie against an order or decree passed in pursuance of settlement through mediation?

A) No appeal or revision shall lie

B) Yes, if there is a point of law

C) Yes, to the High Court

D) Only revision lies

42 / 50

Revision of a decree or order under Section 115 is based on the ground of:

A) Error of law resulting in an error in the decree/order occasioning failure of justice

B) Finding of new evidence

C) Dissatisfaction of the plaintiff

D) Delay in court proceedings

43 / 50

Are the proceedings of mediation admissible in evidence in any subsequent hearing (Section 89A)?

A) Yes, if the Court orders

B) Yes, if both parties agree

C) Only documentary evidence is admissible

D) No, they shall be deemed privileged and confidential

44 / 50

What is the time limit to conclude a mediation under Section 89A?

A) 30 days

B) 90 days

C) 60 days

D) 120 days

45 / 50

Under Section 94, in order to prevent the ends of justice from being defeated, the Court may:

A) Issue a warrant to arrest the defendant

B) Direct the defendant to furnish security

C) All of the above

D) Grant a temporary injunction

46 / 50

Section 105 states that any error in an interlocutory order affecting the decision of the case:

A) May be set forth as a ground of objection in the memorandum of appeal against the decree

B) Must be appealed within 30 days

C) Makes the final decree void

D) Can never be appealed

47 / 50

Can an alien enemy residing in a foreign country sue in a Court in Bangladesh?

A) No, they shall not sue

B) Yes, through a diplomatic agent

C) Yes, if the suit is for immovable property

D) Yes, with court permission

48 / 50

If an arrest, attachment, or injunction was obtained on insufficient grounds, the Court may award compensation up to (Section 95):

A) 10,000 Taka

B) 50,000 Taka

C) 20,000 Taka

D) 5,000 Taka

49 / 50

A suit against a Ruler of a foreign State requires the consent of (Section 86):

A) The Chief Justice

B) The Ministry of Law

C) The Government, certified by a Secretary

D) The District Judge

50 / 50

Who has the power to annul, alter, or add to the rules in the First Schedule (Section 122)?

A) The President

B) The Parliament

C) The Supreme Court

D) The Ministry of Law

The average score is 0%

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