Code of Civil Procedure, 1908 Model Test 20 (English) 0% Time limit: 30 minutes. Complete the test within time. āĻ¸āĻŽā§ āĻļā§āĻˇ āĻ§āĻ¨ā§āĻ¯āĻŦāĻžāĻĻāĨ¤ CPC Model Test 20 (English) Code of Civil Procedure, 1908 Questions: 50 Full Marks: 50 Time: 30 Minutes 1 / 50 If a suit is filed without issuing the mandatory 2-month notice to the Government under Section 80, the suit is liable to be: A) Stayed B) Rejected (the plaint is rejected) C) Dismissed outright D) Decreed in favor of the plaintiff Explanation: According to Section 80 of The Code of Civil Procedure, 1908, the legally correct resolution is "Rejected (the plaint is rejected)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 2 / 50 A "Public Nuisance" suit (Section 91) requires the leave of the court if filed by: A) The affected property owner directly B) The Attorney General C) Two or more persons having no special damage D) A police officer Explanation: According to Section 91 of The Code of Civil Procedure, 1908, the legally correct resolution is "Two or more persons having no special damage". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 3 / 50 An objection to the territorial jurisdiction of a Court must be raised: A) Only during final arguments B) At the appellate stage C) At the earliest possible opportunity, and in all cases where issues are settled, at or before such settlement D) During execution Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "At the earliest possible opportunity, and in all cases where issues are settled, at or before such settlement". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 4 / 50 Under Order XVI, Rule 1, a list of witnesses must be filed within 15 days of: A) Final arguments B) Filing the plaint C) Settlement of issues D) Delivery of judgment Explanation: According to Order XVI, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "Settlement of issues". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 5 / 50 A "Next Friend" or Guardian ad litem must not have an interest in the suit that is: A) Unknown B) Favorable to the minor C) Adverse to that of the minor D) Neutral Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Adverse to that of the minor". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 6 / 50 An "Interlocutory Order" is an order that: A) Is passed by the Supreme Court only B) Cannot be changed C) Is passed during the pendency of the suit to manage the proceedings or grant temporary relief D) Finally determines the suit Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Is passed during the pendency of the suit to manage the proceedings or grant temporary relief". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 7 / 50 An application for setting aside an execution sale on the ground of fraud (Order XXI, Rule 90) can be made by: A) Only the auction purchaser B) Only the decree-holder C) Only the judgment-debtor D) Any person whose interests are affected by the sale Explanation: According to Order XXI, Rule 90 of The Code of Civil Procedure, 1908, the legally correct resolution is "Any person whose interests are affected by the sale". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 8 / 50 A "Review" of a judgment is permissible only when there is no: A) Clerical error B) Appeal preferred against the decree, or where no appeal is allowed C) Written statement D) New evidence Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Appeal preferred against the decree, or where no appeal is allowed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 9 / 50 A Receiver appointed by the Court acts as: A) The owner of the property B) Custodia legis (in the custody of the law) / an officer of the court C) A police officer D) A private investigator Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Custodia legis (in the custody of the law) / an officer of the court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 10 / 50 Under Order XXI, Rule 2, any payment or adjustment of a decree out of court must be: A) Reported to the police B) Kept secret C) Published in a newspaper D) Certified to the executing court Explanation: According to Order XXI, Rule 2 of The Code of Civil Procedure, 1908, the legally correct resolution is "Certified to the executing court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 11 / 50 Under Order IX, Rule 4, if a suit is dismissed because neither party appeared, the plaintiff can: A) Bring a fresh suit (subject to limitation) OR apply to set aside the dismissal B) Only file a revision C) Only file an appeal D) Do nothing Explanation: According to Order IX, Rule 4 of The Code of Civil Procedure, 1908, the legally correct resolution is "Bring a fresh suit (subject to limitation) OR apply to set aside the dismissal". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 12 / 50 A preliminary decree is an adjudication that: A) Rejects the plaint B) Is always void C) Only determines the court fees D) Decides the rights of parties with regard to all or any of the matters in controversy, but does not completely dispose of the suit Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Decides the rights of parties with regard to all or any of the matters in controversy, but does not completely dispose of the suit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 13 / 50 In a suit for specific performance of a contract to sell land, the plaintiff must specifically plead and prove that: A) The land is beautiful B) The plaintiff has always been "ready and willing" to perform their part of the contract C) The contract was written in English D) The defendant is rich Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The plaintiff has always been "ready and willing" to perform their part of the contract". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 14 / 50 The Appellate Court has the power to take additional evidence. Which rule specifically governs this? A) Order XLI, Rule 33 B) Order XLI, Rule 1 C) Order XLI, Rule 27 D) Order XLI, Rule 11 Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Order XLI, Rule 27". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 15 / 50 According to Order VI, Rule 17, an amendment of pleadings should be allowed if it is necessary for: A) Harassing the opponent B) Determining the real questions in controversy between the parties C) Correcting the grammar only D) Delaying the trial Explanation: According to Order VI, Rule 17 of The Code of Civil Procedure, 1908, the legally correct resolution is "Determining the real questions in controversy between the parties". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 16 / 50 If a defendant fails to file a written statement within the allowed time, the Court: A) Shall arrest the defendant B) Must adjourn for 1 year C) Must dismiss the suit D) May pronounce judgment against him or make such order as it thinks fit Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "May pronounce judgment against him or make such order as it thinks fit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 17 / 50 Section 96 states that an appeal lies from every original decree. However, an appeal can only be filed by a person who is: A) "Aggrieved" by the decree B) A stranger to the suit C) The lawyer D) The court clerk Explanation: According to Section 96 of The Code of Civil Procedure, 1908, the legally correct resolution is ""Aggrieved" by the decree". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 18 / 50 An "Appeal from Order" (Miscellaneous Appeal) under Order XLIII lies against an order: A) Granting a final decree in a partition suit B) Granting or refusing a temporary injunction under Order XXXIX C) Recording the statements of a witness D) Summarily dismissing a suit on merits Explanation: According to Order XLIII of The Code of Civil Procedure, 1908, the legally correct resolution is "Granting or refusing a temporary injunction under Order XXXIX". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 19 / 50 Restitution under Section 144 is based on the maxim "Actus curiae neminem gravabit", which means: A) The act of the court shall harm no one B) Hear the other side C) Let the buyer beware D) Justice delayed is justice denied Explanation: According to Section 144 of The Code of Civil Procedure, 1908, the legally correct resolution is "The act of the court shall harm no one". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 20 / 50 The "Right to begin" under Order XVIII, Rule 1 generally lies with: A) The judge B) The plaintiff C) The witness D) The defendant Explanation: According to Order XVIII, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "The plaintiff". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 21 / 50 Order XLIV deals with appeals by indigent persons. The Appellate Court will reject the application to appeal as an indigent person if it sees no: A) Wealth in the applicant's family B) Proof of property ownership C) Criminal history D) Reason to think that the decree is contrary to law or some usage having the force of law, or is otherwise erroneous or unjust Explanation: According to Order XLIV of The Code of Civil Procedure, 1908, the legally correct resolution is "Reason to think that the decree is contrary to law or some usage having the force of law, or is otherwise erroneous or unjust". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 22 / 50 Order XX, Rule 14 deals with the decree in a suit for: A) Pre-emption B) Defamation C) Divorce D) Insolvency Explanation: According to Order XX, Rule 14 of The Code of Civil Procedure, 1908, the legally correct resolution is "Pre-emption". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 23 / 50 An order dismissing a suit for default (non-appearance) is: A) A final judgment B) A decree C) Appealable as an original decree D) NOT a decree Explanation: According to Order di of The Code of Civil Procedure, 1908, the legally correct resolution is "NOT a decree". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 24 / 50 A suit may be instituted in forma pauperis (as an indigent person). The primary benefit is: A) Immediate judgment B) Police protection C) Free lawyer D) Exemption from paying court fees at the time of institution Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Exemption from paying court fees at the time of institution". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 25 / 50 The rule of "Constructive Res Judicata" means a party cannot raise an issue in a subsequent suit if: A) The judge didn't like them B) It might and ought to have been raised in the previous suit C) They changed their lawyer D) They forgot to raise it in the previous suit Explanation: According to Section 11 (Res Judicata) of The Code of Civil Procedure, 1908, the legally correct resolution is "It might and ought to have been raised in the previous suit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 26 / 50 "Mesne profits" include interest on such profits but do NOT include profits due to: A) Ordinary diligence B) Rent collection C) The wrongful possession itself D) Improvements made by the person in wrongful possession Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Improvements made by the person in wrongful possession". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 27 / 50 "Caveat Emptor" (let the buyer beware) applies to execution sales. This means there is generally no implied warranty of: A) Time of sale B) Location of property C) Stamp duty D) Title in court auction sales Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Title in court auction sales". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 28 / 50 If an appellant fails to furnish security for costs as ordered by the Appellate Court under Order XLI, Rule 10, the Court shall: A) Decrease the claim amount B) Reject the memorandum of appeal C) Arrest the appellant D) Fine the appellant Explanation: According to Order XLI, Rule 10 of The Code of Civil Procedure, 1908, the legally correct resolution is "Reject the memorandum of appeal". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 29 / 50 Order XXXVIII (Attachment before judgment) and Order XXXIX (Temporary Injunctions) are both examples of: A) Criminal punishments B) Interlocutory/Supplemental proceedings to prevent the ends of justice from being defeated C) Appellate procedures D) Final decrees Explanation: According to Order XXXVIII of The Code of Civil Procedure, 1908, the legally correct resolution is "Interlocutory/Supplemental proceedings to prevent the ends of justice from being defeated". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 30 / 50 An "Order" determining a question under Section 47 (execution) was previously considered a decree. Under the current standard CPC (English) definitions, it is generally treated as: A) A decree (if the local amendment still holds it so, otherwise it's just an appealable/revisable order depending on jurisdiction). B) A police matter C) A fundamental right D) A writ Explanation: According to Section 47 of The Code of Civil Procedure, 1908, the legally correct resolution is "A decree (if the local amendment still holds it so, otherwise it's just an appealable/revisable order depending on jurisdiction)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 31 / 50 "Reference" to the High Court Division under Order XLVI is made by the subordinate court: A) To complain about a lawyer B) To ask for a salary raise C) Because there is a reasonable doubt as to a question of law or validity of an Act/Ordinance D) Because the judge is tired Explanation: According to Order XLVI of The Code of Civil Procedure, 1908, the legally correct resolution is "Because there is a reasonable doubt as to a question of law or validity of an Act/Ordinance". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 32 / 50 Res Judicata (Section 11) is based on the public policy that: A) Courts should hear the same case multiple times to be sure B) Lawyers should earn more money C) The Government is always right D) There should be an end to litigation, and no one should be vexed twice for the same cause Explanation: According to Section 11 of The Code of Civil Procedure, 1908, the legally correct resolution is "There should be an end to litigation, and no one should be vexed twice for the same cause". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 33 / 50 The principle that an Appellate Court can pass any decree which ought to have been passed, even favoring a party who didn't appeal, is embodied in: A) Order XLI, Rule 33 B) Order XLIII, Rule 1 C) Order XLI, Rule 1 D) Order XL, Rule 1 Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Order XLI, Rule 33". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 34 / 50 Section 148 allows the court to enlarge time fixed by it. This power is: A) Prohibited after the period has expired B) Discretionary C) Only for the plaintiff D) Mandatory Explanation: According to Section 148 of The Code of Civil Procedure, 1908, the legally correct resolution is "Discretionary". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 35 / 50 Can an Appellate Court remand a case (send it back for retrial) if it feels the lower court omitted to frame an essential issue? A) Yes, under Order XLI, Rule 25, it may frame the issues and refer them for trial to the lower court B) Yes, but only with the consent of the High Court C) No, it must try the issue itself using witnesses D) No, it must dismiss the appeal Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Yes, under Order XLI, Rule 25, it may frame the issues and refer them for trial to the lower court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 36 / 50 When a decree is transferred to another court for execution, the executing court has the power to: A) Hear appeals against the decree B) Completely change the decree C) Arrest the original judge D) Execute the decree as if it had been passed by itself Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Execute the decree as if it had been passed by itself". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 37 / 50 If a plaint is rejected under Order VII, Rule 11, the plaintiff can: A) Never sue again B) Only file a writ C) Only appeal to the President D) Present a fresh plaint in respect of the same cause of action Explanation: According to Order VII, Rule 11 of The Code of Civil Procedure, 1908, the legally correct resolution is "Present a fresh plaint in respect of the same cause of action". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 38 / 50 An application for "Review" under Order XLVII can be rejected without serving notice to the opposite party if: A) It appears to the Court that there is not sufficient ground for a review B) The applicant pays a fine C) The opposite party is absent D) The lawyer is late Explanation: According to Order XLVII of The Code of Civil Procedure, 1908, the legally correct resolution is "It appears to the Court that there is not sufficient ground for a review". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 39 / 50 Which of the following is NOT a ground for Revision under Section 115 of the CPC (English)? A) Subordinate court acted in the exercise of its jurisdiction illegally or with material irregularity B) Subordinate court failed to exercise a jurisdiction so vested C) Subordinate court exercised jurisdiction not vested in it by law D) The losing party simply dislikes the judgment on facts Explanation: According to Section 115 of The Code of Civil Procedure, 1908, the legally correct resolution is "The losing party simply dislikes the judgment on facts". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 40 / 50 Once an application for Review is granted by the Court, the previous judgment is: A) Immediately deleted from records B) Transferred to a criminal court C) Sent to the Supreme Court D) Re-opened and the case is heard afresh on the grounds allowed Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Re-opened and the case is heard afresh on the grounds allowed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 41 / 50 Under Section 16, a suit for the recovery of immovable property can only be filed in the court within whose local jurisdiction: A) The defendant resides B) The property is situated C) The plaintiff resides D) The contract was signed Explanation: According to Section 16 of The Code of Civil Procedure, 1908, the legally correct resolution is "The property is situated". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 42 / 50 A respondent in an appeal can file "Cross-Objections" under Order XLI, Rule 22 within how many days from the service of notice of the appeal hearing? A) 30 days B) 60 days C) 15 days D) 90 days Explanation: According to Order XLI, Rule 22 of The Code of Civil Procedure, 1908, the legally correct resolution is "30 days". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 43 / 50 Can a question of fact generally be agitated in a Second Appeal (where applicable under law)? A) No, it is generally confined to substantial questions of law B) Yes, always C) Only if the appellant is poor D) Yes, if the amount is large Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "No, it is generally confined to substantial questions of law". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 44 / 50 Section 24 grants the power to transfer or withdraw a pending civil suit to: A) The UP Chairman B) The District Court or the High Court Division C) The local Police Commissioner D) The Prime Minister Explanation: According to Section 24 of The Code of Civil Procedure, 1908, the legally correct resolution is "The District Court or the High Court Division". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 45 / 50 Under Section 60, "stipends and gratuities allowed to pensioners of the Government" are: A) Fully attachable B) Attachable only in criminal cases C) Exempted from attachment D) Attachable up to 50% Explanation: According to Section 60 of The Code of Civil Procedure, 1908, the legally correct resolution is "Exempted from attachment". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 46 / 50 When issues of fact and law both arise, and the court can dispose of the case on an issue of law (like limitation or jurisdiction), it may try that issue first. This is called a: A) Secondary issue B) Preliminary issue C) Summary issue D) Final issue Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Preliminary issue". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 47 / 50 An appeal under Order XLI can be dismissed summarily at the admission stage without sending notice to the respondent. This power is under: A) Rule 5 B) Rule 27 C) Rule 11 D) Rule 1 Explanation: According to Order XLI of The Code of Civil Procedure, 1908, the legally correct resolution is "Rule 11". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 48 / 50 An adjournment under Order XVII, Rule 1 is granted based on: A) The wish of the lawyers B) Random selection C) "Sufficient cause" being shown D) The wealth of the parties Explanation: According to Order XVII, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is ""Sufficient cause" being shown". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 49 / 50 When the judgment-debtor's property is sold in execution, the purchaser's title relates back to the date of: A) The sale itself (the auction date) B) The date of filing the suit C) The confirmation of the sale D) The date of the original decree Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The sale itself (the auction date)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 50 / 50 If a defendant resides in Dhaka, but the breach of contract happened in Chattogram, the plaintiff can file the suit in: A) Dhaka only B) Either Dhaka or Chattogram C) Chattogram only D) Only in the Supreme Court Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Either Dhaka or Chattogram". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. The average score is 0% 0% Send feedback đ Practice More Model Tests (CPC English): âŦ ī¸ Previous: CPC Model Test 19 Next: CPC Model Test 21 âĄī¸ Facebook X LinkedIn Pinterest Messenger Messenger WhatsApp Telegram Share via Email Print
