Code of Civil Procedure, 1908 Model Test 24 (English)

Time Allowed30 Minutes

Total Questions50 MCQs

Total Marks50 Marks

Negative Marking-0.25 Marks

Qualifying Mark50% Pass

📜 Candidate Examination Guidelines (Click to expand)

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Carefully select one correct option for each multiple-choice question.
A negative penalty of 0.25 marks is deducted for each incorrect answer.
Click Submit / Finish upon completion to review your immediate OMR scorecard and statutory explanations.

Time limit: 30 minutes. Complete the test within time.

সময় শেষ ধন্যবাদ।

CPC Model Test 24 (English)

Code of Civil Procedure, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Under Order 18 Rule 4, the examination-in-chief of a witness shall be on:

A) Oral statement in open court only

B) Video recording only

C) Affidavit

D) Written arguments

2 / 50

The 'Rateable distribution' of assets among decree-holders is governed by:

A) Section 74

B) Section 73

C) Section 71

D) Section 72

3 / 50

Section 10 of CPC (English) (Res Sub Judice) is:

A) Directory on the Court

B) Mandatory on the Court

C) Dependent on the plaintiff's wish

D) Discretionary on the Court

4 / 50

Under Section 51 of CPC (English), the Court may enforce execution of a decree by:

A) Attachment and sale or by sale without attachment of any property

B) All of the above

C) Arrest and detention in prison

D) Delivery of any property specifically decreed

5 / 50

If a plaintiff omits a part of his claim without the leave of the court under Order 2 Rule 2, he:

A) Cannot sue for the omitted portion later

B) Can sue for it only in the High Court

C) Can sue for it anytime within 3 years

D) Must pay a fine to sue again

6 / 50

Order 21 deals with the execution of decrees. An application for execution is made under:

A) Order 21 Rule 15

B) Order 21 Rule 12

C) Order 21 Rule 11

D) Order 21 Rule 10

7 / 50

Discovery by 'Interrogatories' (Order 11) means delivering questions in writing to the opposite party. A party may deliver interrogatories:

A) Without court's permission

B) Only with the leave of the Court

C) Anytime after the decree

D) Only to the witnesses

8 / 50

Order 6 Rule 17 allows amendment of pleadings. The general rule is that amendments should be allowed if they are necessary for:

A) Correcting the name of the judge

B) Prolonging the suit

C) Changing the entire nature of the suit

D) Determining the real questions in controversy between the parties

9 / 50

Section 6 of the CPC (English) deals with:

A) Territorial jurisdiction

B) Appellate jurisdiction

C) Pecuniary jurisdiction

D) Subject-matter jurisdiction

10 / 50

Order 6 Rule 15 of CPC (English) requires that every pleading shall be:

A) Signed by a Gazetted Officer

B) Verified by the party or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case

C) Stamped with a 1000 Taka court fee

D) Notarized

11 / 50

Under Section 34 of the CPC (English), the Court has the discretion to order interest at such rate as it deems reasonable. However, the future interest (from the date of decree to the date of payment) generally cannot exceed:

A) 10% per annum

B) 12% per annum

C) 6% per annum

D) The commercial rate

12 / 50

Under Section 113 of the CPC (English), a subordinate court can make a 'Reference' to:

A) The District Judge

B) The Supreme Court directly

C) The Ministry of Law

D) The High Court Division

13 / 50

According to Section 96(3) of the CPC (English), no appeal shall lie from a decree passed by the Court:

A) In a partition suit

B) Against a minor

C) Ex-parte

D) With the consent of the parties (Consent Decree)

14 / 50

Under Order 1 Rule 8 of CPC (English), one person may sue or defend on behalf of all in the same interest. This is known as a:

A) Proxy suit

B) Public Interest Litigation

C) Representative suit

D) Interpleader suit

15 / 50

A 'Second Appeal' under Section 100 of CPC (English) can only be filed if the case involves:

A) A substantial question of law

B) A question of fact

C) A gross procedural error only

D) Mixed question of law and fact

16 / 50

Under Section 20 of CPC (English), a suit for breach of contract can be instituted at the place where:

A) All of the above

B) The defendant resides or carries on business

C) The breach occurred

D) The contract was made

17 / 50

Under Section 60 of the CPC (English), which of the following can be attached in execution of a decree?

A) Tools of artisans

B) Right of personal service

C) Promissory notes

D) Necessary wearing apparel

18 / 50

Where a plaintiff appears and the defendant does not appear, and it is proved that the summons was duly served, the Court may proceed:

A) To dismiss the suit

B) Ex-parte (under Order 9 Rule 6)

C) To arrest the defendant

D) De novo

19 / 50

Enlargement of time fixed by the Court (Section 148 CPC (English)) is typically done at the discretion of the Court. However, this power cannot be used to enlarge time fixed by:

A) The statute of limitation (Limitation Act)

B) A decree

C) An order of the court

D) A local commissioner

20 / 50

Return of plaint under Order 7 Rule 10 is done when:

A) The court has no jurisdiction to try the suit

B) The plaintiff has not paid the court fee

C) The plaint does not disclose a cause of action

D) The suit is barred by limitation

21 / 50

According to Section 2(10) of CPC (English), a "Judgment-debtor" means:

A) Any person against whom a decree has been passed or an order capable of execution has been made

B) A person who owes money to the bank

C) A person who has filed a suit

D) A person who stands surety for a loan

22 / 50

Is an order of "dismissal of a suit for default" considered a Decree?

A) No, it is expressly excluded from the definition of a decree

B) Yes, a preliminary decree

C) Yes, if it involves costs

D) Yes, a final decree

23 / 50

Section 24 of the CPC (English) grants the general power of transfer and withdrawal of suits to:

A) The District Court only

B) The High Court Division only

C) The Supreme Court only

D) Both the High Court Division and the District Court

24 / 50

Under Order 7 Rule 11, a plaint SHALL be rejected in all the following cases EXCEPT:

A) Where it does not disclose a cause of action

B) Where the plaintiff fails to verify the plaint initially, but corrects it immediately

C) Where the relief claimed is undervalued and plaintiff fails to correct it within the time fixed

D) Where the suit is barred by any law

25 / 50

An application to set aside an ex-parte decree under Order 9 Rule 13 must show that:

A) The defendant was prevented by any sufficient cause from appearing

B) Either A or B

C) The summons was not duly served

D) The decree was legally flawed

26 / 50

Issues' under Order 14 are framed by the:

A) Defendant's pleader

B) Plaintiff's pleader

C) Court

D) Court Clerk

27 / 50

Order 21 Rule 58 deals with:

A) Sale of movable property

B) Delivery of possession

C) Adjudication of claims to, or objections to attachment of property

D) Arrest of judgment debtor

28 / 50

A judgment shall contain:

A) The decision thereon and the reasons for such decision

B) The points for determination

C) All of the above

D) A concise statement of the case

29 / 50

Section 56 of the CPC (English) strictly prohibits the arrest and detention in execution of a decree for the payment of money against:

A) Women

B) Senior Citizens

C) Minors

D) Government Servants

30 / 50

Which section deals with 'Appeals from Orders' (as opposed to appeals from decrees)?

A) Section 103

B) Section 104

C) Section 106

D) Section 105

31 / 50

Order 9 Rule 4 of the CPC (English) applies when a suit is dismissed because neither party appeared. The plaintiff may:

A) Either A or B

B) Bring a fresh suit (subject to limitation)

C) Apply for an order to set the dismissal aside

D) Only appeal

32 / 50

Compromise of a suit under Order 23 Rule 3 must be:

A) Lawful

B) In writing and signed by the parties

C) All of the above

D) Proved to the satisfaction of the Court

33 / 50

Under Order 12 Rule 6, judgment on admissions can be passed:

A) By the Court of its own motion or on the application of any party

B) Only on the application of the plaintiff

C) Only on the application of the defendant

D) Only at the final hearing stage

34 / 50

Under Order 21 Rule 46, attachment of a debt not secured by a negotiable instrument is made by:

A) Arresting the debtor

B) A written order prohibiting the creditor from recovering the debt and the debtor from making payment thereof

C) Appointing a receiver

D) Actual seizure

35 / 50

A "Notice" under Section 80 of CPC (English) is mandatory before filing a suit against the Government. What is the exception to this rule?

A) There is no exception

B) Suits for obtaining an urgent or immediate relief (with leave of the court)

C) Suits involving minor plaintiffs

D) Suits involving monetary claims below Tk 10,000

36 / 50

Section 132 of the CPC (English) provides exemption from personal appearance in Court to:

A) The President of Bangladesh

B) Foreign diplomats

C) Women who, according to the customs and manners of the country, ought not to be compelled to appear in public

D) Any person above 70 years of age

37 / 50

Under Order 17 Rule 1, in Bangladesh, the Court typically shall not grant adjournments at the hearing stage more than:

A) 1 time

B) 3 times to each party

C) 6 times in total

D) Unlimited times

38 / 50

A sale of immovable property in execution of a decree becomes absolute when:

A) The purchaser pays the full price

B) The Court makes an order confirming the sale (Order 21 Rule 92)

C) The hammer falls in the auction

D) The judgment-debtor consents

39 / 50

If a sole defendant dies and the right to sue survives, the plaintiff must apply to make the legal representative a party within:

A) 30 days

B) 90 days

C) 60 days

D) 120 days

40 / 50

Which section of CPC (English) lays down that all questions arising between the parties relating to execution, discharge, or satisfaction of the decree shall be determined by the executing court and not by a separate suit?

A) Section 48

B) Section 47

C) Section 49

D) Section 46

41 / 50

According to Explanation VII to Section 11 of the CPC (English), the provisions of Res Judicata shall apply to:

A) Administrative proceedings

B) Arbitration proceedings

C) Execution proceedings

D) Criminal proceedings

42 / 50

Compensatory costs in respect of false or vexatious claims or defenses are awarded under:

A) Section 36

B) Section 35A

C) Section 35

D) Section 35B

43 / 50

If a suit is dismissed for plaintiff's default under Order 9 Rule 8, can the plaintiff file a fresh suit on the same cause of action?

A) Yes, with the permission of the defendant

B) No, he is precluded under Order 9 Rule 9

C) Yes, always

D) Yes, if he pays double the court fee

44 / 50

Under Section 89A of CPC (English) (in Bangladesh), after filing of written statement, the Court shall mediate or refer the dispute to the engaged pleaders or a mediator. The time limit for completing this mediation is initially:

A) 60 days

B) 120 days

C) 90 days

D) 30 days

45 / 50

Under the CPC (English), a "Decree" includes:

A) Any order of dismissal for default

B) Both A and B

C) Rejection of a plaint

D) Any adjudication from which an appeal lies as an appeal from an order

46 / 50

In a suit for recovery of money, if the defendant claims a specific sum of money legally recoverable by him from the plaintiff, he can plead it as a:

A) Set-off (under Order 8 Rule 6)

B) Cross-objection

C) Counter-claim

D) Garnishee claim

47 / 50

Under Section 115(4) of the CPC (English) (Bangladesh), an order of the High Court Division in revision shall be:

A) Final

B) Appealable to the District Court

C) Subject to further revision

D) Subject to review by a lower court

48 / 50

Order 2 Rule 2 of the CPC (English) is based on the maxim 'Nemo debet bis vexari pro una et eadem causa', which means:

A) No man shall be condemned unheard

B) The king can do no wrong

C) Justice delayed is justice denied

D) No man should be vexed twice for the same cause

49 / 50

Adding or striking out parties under Order 1 Rule 10 can be done:

A) Only before the trial begins

B) At any stage of the proceedings

C) Only if the defendant agrees

D) Only in the appellate court

50 / 50

Under Section 107 of the CPC (English), an Appellate Court does NOT have the power to:

A) Remand a case

B) Determine a case finally

C) Frame issues and refer them for trial

D) Pass a decree of divorce in a property dispute

The average score is 0%

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Code of Civil Procedure, 1908 Model Test 24 (English)

Code of Civil Procedure, 1908

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