Code of Civil Procedure, 1908 Model Test 22 (English)

CPC Model Test 22 (English)

Code of Civil Procedure, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

To file an appeal as an indigent person (Order XLIV), the applicant must generally submit an application accompanied by:

A) A memorandum of appeal

B) A witness

C) A police clearance

D) A passport

2 / 50

Can a Court review its own judgment (Order XLVII) merely because the judge thinks he took an erroneous view of the law on a debatable point?

A) No, unless the Supreme Court orders it

B) No, a mere erroneous decision is a ground for appeal, not review

C) Yes, if the plaintiff asks nicely

D) Yes, always

3 / 50

Under Order XXI, Rule 54, attachment of immovable property is made by an order prohibiting the judgment-debtor from transferring the property. This order must be:

A) Proclaimed at some place on or adjacent to such property by beat of drum or other customary mode

B) Affixed on a conspicuous part of the property

C) Affixed on the court house

D) All of the above

4 / 50

Under Order XXXIII, if a person is permitted to sue as an indigent person, they are exempt from paying court fees. Are they also exempt from paying the fees for service of processes (summons)?

A) No, they pay double process fees

B) No, process fees must be paid

C) Yes, they are exempt from all fees

D) Yes, unless the judge decides otherwise

5 / 50

Order XXI, Rule 22 requires a notice to be sent to the judgment-debtor if the execution application is made more than how many years after the date of the decree?

A) 2 years (as per amendment)

B) 1 year

C) 12 years

D) 5 years

6 / 50

A Summary Suit (Order XXXVII) is generally NOT applicable for a claim based on:

A) A claim for unliquidated damages for tort (e.g., defamation)

B) A promissory note

C) A written contract for a liquidated sum

D) A bill of exchange

7 / 50

Under Order VII, Rule 11(a), a plaint is rejected if it does not disclose a cause of action. The Court looks at what document to decide this?

A) The evidence of the witnesses

B) The police report

C) The written statement

D) Only the plaint and the documents annexed to it

8 / 50

A Court can grant an ex-parte temporary injunction (Order XXXIX, Rule 3). However, if it does so, it MUST endeavor to dispose of the application (final hearing of the injunction matter) usually within:

A) 7 days

B) 15 days

C) 30 days

D) 60 days

9 / 50

Under Section 151, the Court exercises its inherent powers. Can these powers be used if there is already a specific provision in the CPC (English) dealing with the matter?

A) Only in family disputes

B) No, inherent powers cannot override specific statutory provisions

C) Yes, always

D) Yes, if the judge feels like it

10 / 50

Order XXI, Rule 89 allows a judgment-debtor to set aside a sale by depositing the decretal amount plus a 5% penalty. Order XXI, Rule 90 allows setting aside the sale on the ground of:

A) Mutual mistake

B) Want of title

C) Material irregularity or fraud in publishing or conducting the sale

D) Non-payment of court fees

11 / 50

Under Order XLI, Rule 5, an Appellate Court can order a stay of execution. Can the executing court itself order a stay if the time for filing an appeal has not expired?

A) Yes, permanently

B) No, never

C) Only if the plaintiff agrees

D) Yes, for sufficient cause, to enable the judgment-debtor to apply to the Appellate Court for a stay

12 / 50

"Cross-objections" (Order XLI, Rule 22) are essentially treated as:

A) A separate cross-appeal, and they can be heard even if the original appeal is withdrawn or dismissed for default

B) A defense pleading

C) A review petition

D) A fresh suit

13 / 50

An attachment before judgment (Order XXXVIII, Rule 5) shall be withdrawn if:

A) The suit is dismissed

B) Both A and B

C) The defendant furnishes the required security

D) The plaintiff requests it

14 / 50

Order XXXII, Rule 15 applies the provisions relating to minors to:

A) Senior citizens above 70

B) Persons adjudged to be of unsound mind or mentally incapable of protecting their interests

C) Bankrupts

D) Foreigners

15 / 50

An order rejecting an application for review is:

A) Subject to second review

B) Void

C) Appealable

D) Not appealable

16 / 50

Under Order XLVI (Reference), a reference can only be made by a Court if there is:

A) A directive from the Prime Minister

B) A hypothetical legal question

C) A dispute between two judges

D) A pending suit, appeal, or execution proceeding

17 / 50

If property is attached before judgment, is it necessary to re-attach it after a decree is passed in favor of the plaintiff for the purpose of execution?

A) Yes, but only with court permission

B) Yes, a fresh attachment is mandatory

C) No, the property automatically belongs to the plaintiff

D) No, it shall not be necessary to re-attach the property

18 / 50

Order XLI, Rule 33 allows the Appellate Court to pass any decree which ought to have been passed. This power is usually exercised to:

A) Punish the lower court judge

B) Do complete justice between the parties

C) Delay the proceedings

D) Increase the court fees

19 / 50

Order XXXIX, Rule 1(c) allows temporary injunctions if the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any:

A) Bank account

B) Family member

C) Character

D) Property in dispute in the suit

20 / 50

An order granting a temporary injunction is appealable. Can a person file an appeal against an order REFUSING to grant a temporary injunction?

A) Yes, both granting and refusing are appealable under Order XLIII, Rule 1(r)

B) No, it requires a revision

C) Yes, but only to the Supreme Court

D) No, only granting is appealable

21 / 50

An appeal under Order XLIII (Appeal from Orders) does NOT lie against an order:

A) Returning a plaint (O.7 R.10)

B) Granting an injunction (O.39 R.1)

C) Rejecting an application to set aside an ex-parte decree (O.9 R.13)

D) Dismissing a suit for default under Order IX, Rule 8

22 / 50

Under Order XXI, Rule 105, the executing court can hear an application ex-parte or dismiss it for default. To restore it, an application must be filed within:

A) 90 days

B) 30 days

C) 60 days

D) 15 days

23 / 50

Under Order XXXII, Rule 1, a minor is a person who has not attained the age of majority. In Bangladesh, under the Majority Act, the age of majority is generally:

A) 16 years

B) 15 years

C) 21 years in all cases

D) 18 years (or 21 years if a guardian of person/property has been appointed by the Court)

24 / 50

Order VIII, Rule 3 requires denials in a written statement to be specific. A general denial of the grounds alleged in the plaint is:

A) A ground for immediate victory

B) Not sufficient

C) Allowed for the Government

D) Sufficient

25 / 50

A "Representative Suit" (Order I, Rule 8) cannot be withdrawn or compromised (Order XXIII) without:

A) The consent of the Prime Minister

B) The consent of the Attorney General

C) Notice to all persons interested, usually by public advertisement at the expense of the applicant

D) A jury trial

26 / 50

The Civil Procedure Code (CPC (English)) is primarily a body of:

A) Constitutional law

B) Criminal law

C) Procedural (Adjective) law

D) Substantive law

27 / 50

To file an interpleader suit (Order XXXV), the plaintiff must satisfy the Court that there is no:

A) Need for court intervention

B) Dispute among the defendants

C) Collusion between the plaintiff and any of the defendants

D) Evidence available

28 / 50

A "Receiver" (Order XL) is entitled to remuneration. Who fixes this remuneration?

A) The defendant

B) The Government

C) The plaintiff

D) The Court

29 / 50

Order XXVII, Rule 5 states that in suits against the Government, the Court shall allow a reasonable time for communication with the Government. This period shall not be less than:

A) 6 months

B) 2 months

C) 1 month

D) 3 months

30 / 50

Order XXI, Rule 46 deals with the attachment of a debt not secured by a negotiable instrument. This process is commonly known as:

A) Restitution

B) Subrogation

C) Pre-emption

D) Garnishee proceedings

31 / 50

If a document which ought to be produced in Court by the plaintiff when the plaint is presented is not produced, it shall not be received in evidence later without the leave of the Court (Order VII, Rule 18). However, this rule does not apply to documents:

A) Both A and B

B) Handed over to a witness merely to refresh his memory

C) Produced for the cross-examination of the defendant's witnesses

D) None of the above

32 / 50

If an auction purchaser applies to set aside a sale under Order XXI, Rule 91, the ground must be that:

A) The property is ugly

B) The location is bad

C) The judgment-debtor had no saleable interest in the property sold

D) The price was too high

33 / 50

Order XXI, Rule 37 provides that before issuing an arrest warrant for a money decree, the Court shall issue a:

A) Notice to the police

B) Proclamation of sale

C) Non-bailable warrant

D) Notice to show cause why the debtor should not be committed to civil prison

34 / 50

Under Order XXI, Rule 69, an executing court has the discretion to adjourn an execution sale. If the sale is adjourned for more than a specified period (e.g., 30 days), what must be done?

A) The judgment-debtor is arrested

B) The decree is cancelled

C) A fresh proclamation must be issued

D) The property is returned

35 / 50

The "Burden of Proof" regarding the issues framed under Order XIV generally lies on the party who:

A) Asserts the affirmative of the issue

B) Is the poorest

C) Denies the fact

D) Is the defendant

36 / 50

When a suit is compromised under Order XXIII, Rule 3, the Court passes a consent decree. Can a separate suit be filed to set aside this consent decree on the ground that the compromise was not lawful?

A) Yes, if fraud is proven in the new suit

B) Only in a foreign court

C) No, no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful

D) Yes, anytime

37 / 50

"Abatement" of a suit under Order XXII means:

A) Transfer of the suit to another court

B) Compromise of the suit

C) Premature termination of the suit due to the death of a party and failure to bring legal representatives on record within the prescribed time

D) Temporary suspension of the suit

38 / 50

If an assignee (transferee) acquires an interest in the subject matter of the suit during its pendency (Order XXII, Rule 10), the suit may be continued by or against him:

A) With the leave of the Court

B) Automatically

C) Never

D) Only if the original party dies

39 / 50

The concept of "Res Judicata" (Section 11) is applicable to:

A) Criminal proceedings

B) Only writ petitions

C) Only regular suits

D) Execution proceedings as well

40 / 50

Under Section 144 (Restitution), the Court may make orders for the refund of costs, payment of interest, damages, and mesne profits. The primary goal is to:

A) Delay the execution

B) Place the parties in the position they would have occupied but for the reversed decree

C) Punish the losing party

D) Enrich the government

41 / 50

The appointment of a Receiver (Order XL) is considered to be one of the:

A) Harshest remedies in law

B) Equitable remedies based on the principle of "just and convenient"

C) Fundamental rights

D) Modes of executing a death sentence

42 / 50

Order XX, Rule 11 allows the Court to order the payment of a money decree in installments. Can this be ordered WITHOUT the consent of the decree-holder AFTER the passing of the decree?

A) Yes, if the debtor is poor

B) Only in criminal cases

C) No, after the decree is passed, an order for payment by installments can only be made with the consent of the decree-holder

D) Yes, at any time

43 / 50

Section 51 provides conditions for arrest in execution of a money decree. The Court must be satisfied that the judgment-debtor:

A) Has dishonestly transferred his property

B) Has refused to pay despite having the means to pay

C) Any of the above

D) Is about to abscond

44 / 50

In a Summary Suit, if the defendant's affidavit discloses facts sufficient to entitle them to defend (a triable issue), the Court must:

A) Arrest the defendant

B) Decree the suit immediately

C) Dismiss the suit

D) Grant leave to defend (unconditionally or upon terms like depositing money)

45 / 50

Under Order XXVI, a Commissioner's report is:

A) Kept sealed and never shown to parties

B) Irrelevant

C) The final and binding judgment

D) Evidence in the suit and forms part of the record, but the Court or parties may examine the Commissioner personally

46 / 50

Order XXXIV, Rule 14 states that a mortgagee cannot bring the mortgaged property to sale for the recovery of a claim arising out of the mortgage EXCEPT by instituting a suit for:

A) Debt recovery

B) Defamation

C) Sale in enforcement of the mortgage

D) Breach of contract

47 / 50

Under Order XLI, Rule 27, if the Appellate Court allows additional evidence to be produced, it must:

A) Dismiss the appeal

B) Send the case to a foreign court

C) Arrest the party producing it

D) Record its reasons for admission

48 / 50

In a Garnishee proceeding, the "Garnishee" is:

A) The executing Court

B) The judgment-debtor

C) A third party who owes a debt to the judgment-debtor

D) The decree-holder

49 / 50

If a defendant wants to claim that the court has no jurisdiction, they must take this plea:

A) Only during final arguments

B) During the appeal

C) In their written statement or at the earliest opportunity

D) In a newspaper advertisement

50 / 50

A Commissioner appointed to examine accounts (Order XXVI, Rule 11) acts essentially as:

A) A witness for the plaintiff

B) A police investigator

C) A judge

D) An auditor assisting the Court

The average score is 0%

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Code of Civil Procedure, 1908 Model Test 22 (English)

Code of Civil Procedure, 1908

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