Code of Civil Procedure, 1908 Model Test 21 (English)

CPC Model Test 21 (English)

Code of Civil Procedure, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Under Section 22, where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, the defendant may apply to have the suit transferred to another Court:

A) At the earliest possible opportunity and in all cases where issues are settled, at or before such settlement

B) After the final judgment

C) Only after issues are framed

D) At any stage of the trial

2 / 50

Under Order IX, Rule 13, setting aside an ex-parte decree requires showing "sufficient cause". Which of the following is generally NOT considered sufficient cause?

A) Imprisonment of the party without access to a lawyer

B) Mere forgetfulness or negligence of the party

C) Sudden severe illness of the party or their pleader

D) Late arrival of trains/buses due to unavoidable accidents

3 / 50

If a defendant fails to present a written statement within the prescribed time limit, the Court may pronounce judgment against them under:

A) Order VIII, Rule 1

B) Order IX, Rule 6

C) Order VIII, Rule 5

D) Order VIII, Rule 10

4 / 50

The principle of "Departure" in pleadings (Order VI, Rule 7) prohibits a party from:

A) Changing their lawyer

B) Leaving the courtroom during a hearing

C) Raising a new ground of claim or containing an allegation of fact inconsistent with their previous pleadings (except by way of amendment)

D) Appealing the case

5 / 50

Section 135 protects which of the following persons from arrest under civil process while going to, presiding in, or returning from their Court?

A) The plaintiff

B) The judgment-debtor

C) Any ordinary citizen

D) Judges, Magistrates, and other Judicial Officers

6 / 50

Under Section 58, where a decree is for the payment of a sum of money exceeding a specified high amount (as per local amendments, usually the highest tier), the maximum period of detention in civil prison is:

A) 1 month

B) 1 year

C) 3 months

D) 6 months

7 / 50

In a decree for the payment of money, the Court may award interest (Section 34). The interest from the date of the decree to the date of payment is called:

A) Pendente lite interest

B) Future/Decretal interest

C) Pre-suit interest

D) Compound interest

8 / 50

Under Section 79, in a suit by or against the Central Government/State (in Bangladesh, the Government), the authority to be named as plaintiff or defendant is:

A) Bangladesh (or the specific Government name as per constitution)

B) The Prime Minister

C) The Attorney General personally

D) The concerned Minister

9 / 50

According to Section 89B of the CPC (English) (Arbitration), if the parties agree to resolve their dispute through arbitration after the suit is instituted, the Court shall:

A) Reject the application

B) Punish the parties

C) Proceed with the trial

D) Withdraw the suit and allow them to go for arbitration

10 / 50

A counter-claim must not exceed the:

A) Amount claimed by the plaintiff

B) Plaintiff's bank balance

C) Pecuniary limits of the jurisdiction of the Court

D) Value of the disputed property

11 / 50

Under Order XIV, issues are classified into Issues of Fact and Issues of Law. If an issue of law relates to jurisdiction or a bar to the suit, it is termed a:

A) Vexatious issue

B) Redundant issue

C) Conclusive issue

D) Preliminary issue

12 / 50

Under Order XVII, Rule 2, if parties fail to appear on an adjourned date, the Court may dispose of the suit in one of the modes directed by:

A) Order XLI

B) Order IX (e.g., dismissal or ex-parte)

C) Order I

D) Order XXI

13 / 50

"Substituted Service" under Order V, Rule 20 is effective from:

A) The date of the next hearing

B) The date the plaintiff informs the defendant verbally

C) The date the defendant finally sees it

D) The date it is published or affixed, as directed by the Court

14 / 50

If a party needs an adjournment because their pleader is engaged in another Court, is this generally a sufficient ground for adjournment under Order XVII?

A) Yes, automatically

B) No, the fact that the pleader is engaged in another Court shall not be a ground for adjournment (as per strict CPC (English) provisos)

C) Yes, if the other court is the High Court

D) Yes, if the client is wealthy

15 / 50

Under Order V, Rule 9, if the defendant refuses to accept the summons sent by registered post, the Court shall declare that the summons has been:

A) Returned for amendment

B) Void

C) Lost

D) Duly served

16 / 50

Section 73 deals with the distribution of assets. If assets are held by a Court and more persons than one have applied for execution of decrees for the payment of money against the same judgment-debtor, the assets shall be distributed:

A) To the first applicant only

B) To the Government

C) Rateably among all such persons

D) To the oldest applicant only

17 / 50

If a necessary party is NOT joined in a suit (Non-joinder), the suit is liable to be:

A) Decreed immediately

B) Dismissed

C) Stayed indefinitely

D) Converted into a criminal case

18 / 50

Under Section 60, what portion of the salary of a judgment-debtor is generally exempt from attachment in execution of a normal money decree?

A) The first portion (as statutorily fixed) and two-thirds of the remainder

B) Half of the salary

C) Only 10%

D) The entire salary

19 / 50

Section 153 grants the Court the general power to:

A) Amend any defect or error in any proceeding in a suit to determine the real question or issue

B) Change the substantive law

C) Arrest any party without warrant

D) Transfer cases to foreign courts

20 / 50

Order XX, Rule 6A mandates that the last paragraph of the judgment shall indicate in precise terms the:

A) Reasons for the decision

B) Costs awarded

C) Name of the lawyers

D) Relief granted

21 / 50

A "Second Appeal" under Section 100 lies to the High Court Division from a decree passed in appeal by a subordinate Court if the High Court Division is satisfied that the case involves a:

A) Substantial question of law

B) Dispute over court fees

C) Substantial question of fact

D) Question of morality

22 / 50

A "Precept" issued under Section 46 to attach the property of a judgment-debtor shall not continue in force for more than:

A) 1 month

B) 1 year

C) 6 months

D) 2 months (unless the period is extended by the issuing Court)

23 / 50

Under Section 58(1), if the decree is for the payment of a very small sum of money (below the minimum statutory threshold), what is the period of detention?

A) 6 weeks

B) 15 days

C) No detention in civil prison can be ordered

D) 1 month

24 / 50

Under Section 94, in order to prevent the ends of justice from being defeated, the Court may, if it is so prescribed:

A) Grant a temporary injunction

B) Issue a warrant to arrest the defendant and bring him before the Court

C) All of the above

D) Direct the defendant to furnish security

25 / 50

A "Counter-claim" under Order VIII, Rule 6A can be filed by the defendant in respect of a cause of action accruing:

A) After the final judgment

B) Only before the institution of the suit

C) Either before or after the filing of the suit, but before the defendant has delivered his defense or before the time limited for delivering his defense has expired

D) Only during the appeal

26 / 50

Order I, Rule 10(2) empowers the Court to strike out or add parties. A party whose presence is necessary for the Court to effectively and completely adjudicate upon all questions in the suit is known as a:

A) Alien party

B) Necessary party

C) Third party

D) Proper party

27 / 50

Section 135A exempts from arrest and detention under civil process the:

A) Minors

B) Police officers

C) Members of the Legislative Assembly/Parliament during the continuance of a meeting

D) Foreign tourists

28 / 50

"Cause of action" essentially means:

A) Every fact which, if traversed, it would be necessary for the plaintiff to prove in order to support his right to a judgment

B) The court's jurisdiction

C) The reason a lawyer is hired

D) The final argument

29 / 50

Under Order XII, Rule 6, a judgment on admissions can be passed:

A) Only if the admission is in writing

B) Only if the defendant signs a confession

C) Whether the admission of fact is made in the pleading or otherwise, whether orally or in writing

D) Only at the first hearing

30 / 50

Section 152 allows the Court to correct clerical or arithmetical mistakes in judgments, decrees, or orders:

A) Only during an appeal

B) Only within 30 days

C) At any time, either of its own motion or on the application of any of the parties

D) Never

31 / 50

Section 113 allows a subordinate Court to state a case and refer the same for the opinion of the:

A) High Court Division

B) Supreme Court Appellate Division

C) Ministry of Law

D) District Judge

32 / 50

Which section gives the High Court Division (or District Court depending on amendment) the power of "Revision" to call for the record of any case decided by a subordinate Court?

A) Section 114

B) Section 113

C) Section 151

D) Section 115

33 / 50

Under Section 13 of the CPC (English), a foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties, EXCEPT where:

A) It has not been pronounced by a Court of competent jurisdiction

B) It has been obtained by fraud

C) It has not been given on the merits of the case

D) All of the above

34 / 50

No second appeal shall lie from a decree when the subject matter of the original suit is for recovery of money not exceeding:

A) Taka 10,000

B) Any amount, money suits never have second appeals

C) Second appeals lie regardless of amount

D) A statutorily minimal amount (e.g., Small Causes equivalent)

35 / 50

Under Section 148A, if a caveat has been lodged, and an application is filed in a suit or proceeding, the Court MUST serve a notice of the application on the:

A) Government

B) Caveator

C) Plaintiff

D) Police

36 / 50

Order II, Rule 2(3) states that a person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs. If they omit to sue for all, EXCEPT with the leave of the Court, they shall:

A) Be allowed to sue for them later anytime

B) Not afterwards sue for any relief so omitted

C) Lose their citizenship

D) Be fined

37 / 50

Under Order VI, Rule 4, particulars (with dates and items) must be stated in the pleadings when a party relies on:

A) All of the above

B) Breach of trust or willful default

C) Fraud or misrepresentation

D) Undue influence

38 / 50

A "Caveat" filed under Section 148A remains in force for how many days from the date of its lodging?

A) 120 days

B) 60 days

C) 30 days

D) 90 days

39 / 50

Section 92 deals with suits concerning:

A) Public charities and trusts

B) Private business partnerships

C) Criminal defamation

D) International trade

40 / 50

Examination-in-chief of a witness is now mostly given on affidavit (Order XVIII, Rule 4). What about cross-examination and re-examination?

A) They are not allowed

B) They shall be taken orally either by the Court or by a Commissioner

C) They must also be on affidavit

D) They must be done via email

41 / 50

Section 104 provides a specific list of:

A) Rules for framing issues

B) Orders from which an appeal lies

C) Crimes punishable by civil courts

D) Decrees that cannot be appealed

42 / 50

A party to whom interrogatories are administered must answer them by:

A) Giving oral testimony

B) Filing an unsworn document

C) Affidavit within 10 days, or such other time as the Court may allow

D) Writing a letter to the judge

43 / 50

Under Section 39, the Court which passed a decree may, on the application of the decree-holder, send it for execution to another Court if:

A) Such Court does not have competent jurisdiction

B) The judgment-debtor actually and voluntarily resides or carries on business within the local limits of the jurisdiction of such other Court

C) The decree-holder wishes to harass the judgment-debtor

D) The original Court's judge is transferred

44 / 50

When a plaint is rejected, does the plaintiff have the right to file an appeal?

A) Yes, but only a revision

B) Yes, because rejection of a plaint is deemed to be a "decree" under Section 2(2)

C) No, it's an interlocutory order

D) No, they can only file a fresh suit

45 / 50

Under Order VII, Rule 11, a plaint shall be rejected if the suit appears from the statement in the plaint to be barred by any law. This includes being barred by:

A) Res Judicata (if apparent from the plaint)

B) The Law of Limitation

C) All of the above

D) Section 80 CPC (English) (want of notice)

46 / 50

To institute a suit under Section 92 (Public Charities), who must grant leave or give consent (or be the one filing)?

A) The Police Commissioner

B) The Attorney General / Advocate General (or two/more interested persons with the leave of the Court)

C) The local UP Chairman

D) The President

47 / 50

According to Section 14, the Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless:

A) The defendant objects

B) The government denies it

C) The contrary appears on the record

D) The plaintiff appeals

48 / 50

Order X, Rule 2 empowers the Court to examine parties orally. This power is:

A) Only applicable to witnesses, not parties

B) Intended to clarify pleadings and elucidate matters in controversy

C) Used to pass a final decree immediately

D) To be used at the end of the trial

49 / 50

The object of allowing "Interrogatories" under Order XI is to:

A) Delay the proceedings

B) Obtain admissions from the opponent to facilitate the proof of one's own case and to ascertain the opponent's case

C) Harass the opposite party

D) Know the evidence of the opponent

50 / 50

Order XIII, Rule 1 mandates that original documentary evidence MUST be produced:

A) Before the Supreme Court

B) Only if the opposite party asks for it

C) During final arguments

D) At or before the settlement of issues

The average score is 0%

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Code of Civil Procedure, 1908 Model Test 21 (English)

Code of Civil Procedure, 1908

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