Code of Civil Procedure, 1908 Model Test 25 (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.
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.

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CPC Model Test 25 (English)

Code of Civil Procedure, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Temporary injunctions under Order 39 Rule 1 can be granted if it is proved by affidavit or otherwise that:

A) The defendant threatens to dispossess the plaintiff

B) The defendant threatens to remove or dispose of his property to defraud creditors

C) All of the above

D) Any property in dispute is in danger of being wasted, damaged or alienated by any party

2 / 50

Which is the longest section in the CPC (English) dealing with exemptions from attachment?

A) Section 115

B) Section 11

C) Section 10

D) Section 60

3 / 50

Which rule enables the court to strike out scandalous, frivolous or vexatious pleadings?

A) Order 6 Rule 17

B) Order 6 Rule 18

C) Order 6 Rule 16

D) Order 6 Rule 15

4 / 50

Additional evidence in an Appellate Court (Order 41 Rule 27) is allowed when:

A) The party could not produce it despite due diligence

B) The Appellate Court requires it to pronounce judgment

C) All of the above

D) The lower court improperly refused to admit it

5 / 50

Mesne profits' include interest on such profits.

A) Only in suits for partition

B) Only if the court specifically orders

C) False

D) True

6 / 50

If the plaintiff is a minor, the period of limitation for filing the suit is:

A) Suspended forever

B) Determined by the CPC (English)

C) Extended until he attains majority plus an additional period provided by the Limitation Act

D) Not extended, his next friend must file it within the normal time

7 / 50

In a civil suit, the burden of proof generally lies on:

A) The Plaintiff (He who asserts must prove)

B) The Court

C) The Defendant

D) The Government

8 / 50

Under Order 2 Rule 2, the 'cause of action' must be:

A) Criminal in nature

B) The same in both suits for the bar to apply

C) Different in the two suits

D) Unknown

9 / 50

In a suit against the Government, if the decree remains unsatisfied for _____, the Court shall report the case for orders of the Government.

A) 1 month

B) 6 months

C) 3 months (under Section 82)

D) 2 months

10 / 50

Can a next friend of a minor withdraw a suit or abandon a part of the claim without the leave of the court?

A) No, it requires the leave of the court

B) Yes, he has absolute authority

C) Yes, if it is for the minor's benefit

D) Yes, if the minor's parents agree

11 / 50

Order 43 Rule 1 provides a list of:

A) Decrees from which an appeal lies

B) Rules for filing a revision

C) Rules for filing a review

D) Orders from which an appeal lies (Miscellaneous Appeals)

12 / 50

A commission issued under Order 26 Rule 9 for local investigation cannot be used to:

A) Delegate the judicial function of the court to the commissioner

B) Ascertain mesne profits

C) Ascertain the market value of a property

D) Elucidate a matter in dispute

13 / 50

In a suit by an indigent person (Order 33), if the plaintiff succeeds in the suit, the court fees which would have been paid by him if he had not been permitted to sue as an indigent person, shall be:

A) Waived permanently

B) Recoverable by the Government from any party ordered by the decree to pay the same

C) Paid by the plaintiff's pleader

D) Paid by the court fund

14 / 50

Which suits are explicitly excluded from the Summary Procedure under Order 37?

A) Suits for recovery of liquidated damages

B) Suits for a declaration of title

C) Suits on bills of exchange

D) Suits on promissory notes

15 / 50

Can an appeal be filed against an order rejecting an application for review?

A) Yes, always

B) Yes, if it involves a question of law

C) Yes, with High Court's permission

D) No, it is not appealable (Order 47 Rule 7)

16 / 50

A person who institutes a suit in a civil court is called the:

A) Decree-holder

B) Petitioner

C) Plaintiff

D) Appellant

17 / 50

Which Order deals with the appointment of a Receiver?

A) Order 39

B) Order 38

C) Order 40

D) Order 41

18 / 50

Under Order 38 Rule 5 (Attachment before judgment), the court must be satisfied that the defendant is about to dispose of his property with intent to:

A) Obstruct or delay the execution of any decree that may be passed against him

B) Pay his other creditors

C) Invest in business

D) Travel abroad

19 / 50

An appeal from an original decree is filed under:

A) Section 96 read with Order 41

B) Section 109 read with Order 45

C) Section 100 read with Order 42

D) Section 104 read with Order 43

20 / 50

Can a Civil Court try a suit for establishing a right to an office, even if it depends on the decision of questions as to religious rites?

A) Only if permitted by the religious board

B) Yes (Explanation I to Section 9)

C) Only in the Supreme Court

D) No

21 / 50

According to Order 20 Rule 6A, a decree is to be drawn up within how many days from the date on which the judgment is pronounced? (General CPC (English) mandate)

A) 30 days

B) 15 days

C) 60 days

D) 7 days

22 / 50

If a suit is instituted in a court having no jurisdiction, the proper order the court should pass is:

A) Return of plaint

B) Rejection of plaint

C) Dismissal of suit

D) Stay of suit

23 / 50

Section 144 of the CPC (English) applies when a decree is:

A) Passed ex-parte

B) Sent for execution

C) Varied or reversed in appeal, revision or other proceeding

D) Fully satisfied

24 / 50

Section 113 of the CPC (English) empowers the Subordinate Court to refer a case to the High Court Division for its:

A) Assistance in executing a decree

B) Permission to dismiss the suit

C) Order for transfer

D) Opinion on a question of law

25 / 50

A minor defendant is represented in a suit by a:

A) Next friend

B) Guardian ad litem (Appointed by the court under Order 32 Rule 3)

C) Public prosecutor

D) Amicus curiae

26 / 50

A suit by an alien enemy residing in Bangladesh without the permission of the Government is:

A) Maintainable

B) Maintainable if he pays extra court fee

C) Maintainable with UN's permission

D) Not maintainable (Section 83)

27 / 50

Under Order 8 Rule 1, if the defendant fails to file a written statement within the prescribed time limit, the Court shall:

A) Pronounce judgment against him (under Order 8 Rule 10)

B) Give him an unlimited extension

C) Compel the plaintiff to prove his case heavily

D) Arrest him

28 / 50

Section 15 of the CPC (English) (institution in court of lowest grade) is a rule of:

A) Both procedure and jurisdiction

B) Procedure, not of jurisdiction

C) Convenience only

D) Jurisdiction, not of procedure

29 / 50

A 'Foreign Court' under Section 2(5) of CPC (English) means a Court:

A) A court in a foreign embassy

B) The International Court of Justice

C) Any court dealing with foreign law

D) Situated outside Bangladesh and not established or continued by the authority of the Government of Bangladesh

30 / 50

The general rule is that a court should issue a notice to the opposite party before granting an injunction. However, ex-parte ad-interim injunction can be granted if:

A) The defendant is absent

B) The court feels that the object of granting the injunction would be defeated by the delay

C) The plaintiff requests it

D) The property is movable

31 / 50

Under Order 39 Rule 2A, the civil prison term for disobedience of an injunction cannot exceed:

A) 1 month

B) 6 months

C) 1 year

D) 3 months

32 / 50

A precept under Section 46 is issued by the Court which passed the decree to:

A) Another competent Court to attach the property of the judgment-debtor specified in the precept

B) The judgment-debtor

C) The bank

D) The police

33 / 50

Finally, the main objective of the Code of Civil Procedure is to:

A) Punish the wrongdoer

B) Consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature

C) Define civil rights

D) Collect revenue for the state

34 / 50

Attachment of an agricultural produce is executed by affixing a copy of the warrant of attachment:

A) In the local newspaper

B) On the outer door of the judgment-debtor's house

C) On the land where such produce is growing

D) Both A and B

35 / 50

A 'Legal Representative' means a person who in law represents the estate of a deceased person, and includes:

A) Only the persons named in the will

B) The Government

C) Any person who intermeddles with the estate of the deceased

D) Only the eldest son

36 / 50

Does the CPC (English) apply in full force to the writ proceedings under the Constitution?

A) No, the procedure prescribed by CPC (English) does not strictly govern writ proceedings, though its general principles may apply

B) Only to Mandamus

C) Yes

D) Only to Habeas Corpus

37 / 50

An application under Section 152 for correction of clerical mistakes can be made:

A) Within 1 year

B) At any time

C) Within 30 days

D) Within 90 days

38 / 50

Caveat is lodged under which section of CPC (English)? (Commonly practiced under Indian CPC (English) adaptation, widely known in BD practice)

A) Section 151

B) Section 148A

C) Section 148

D) Section 152

39 / 50

The term "Res Judicata" literally means:

A) A matter pending

B) A matter of fact

C) A matter of law

D) A matter already judged / decided

40 / 50

A sues B for a declaration of title to land and obtains a decree. B appeals. A dies during the pendency of the appeal. The appeal will:

A) Be dismissed

B) Be decreed in favor of B

C) Abate immediately

D) Not abate if the right to sue survives and legal representatives are substituted

41 / 50

A minor can be appointed as a receiver under Order 40.

A) False

B) True, with the consent of parents

C) True, if he is above 15 years

D) True

42 / 50

Suits for partition of immovable property are instituted where:

A) The defendant resides

B) The property is situated

C) The title deed is kept

D) The plaintiff resides

43 / 50

When a plaint is rejected under Order 7 Rule 11, it:

A) Does not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action (Order 7 Rule 13)

B) Invites criminal liability

C) Results in permanent dismissal

D) Precludes the plaintiff from presenting a fresh plaint in respect of the same cause of action

44 / 50

Restitution of conjugal rights' is a remedy provided under:

A) The Code of Criminal Procedure

B) Personal laws (Muslim Law, Hindu Law, etc.) but executed via CPC (English) (Order 21 Rule 32)

C) The Constitution

D) The Specific Relief Act

45 / 50

Under Order 41 Rule 5, an appeal shall not operate as a stay of proceedings under a decree, except:

A) When the appellant asks for it

B) When the decree is for money

C) When the Government is a party

D) For sufficient cause, the Appellate Court or the Court which passed the decree orders a stay

46 / 50

An order remanding a case by the Appellate Court under Order 41 Rule 23 is generally passed when the lower court has:

A) Heard all evidence and decided all issues

B) Disposed of the suit on a preliminary point and that decree is reversed in appeal

C) Dismissed the suit for default

D) Passed a consent decree

47 / 50

Section 35A of the CPC (English) provides for compensatory costs. Can an appeal lie against an order awarding such costs?

A) No appeal lies against an order directing payment of compensatory costs (S. 35A(4))

B) Yes, as a matter of right

C) Yes, an appeal lies against the order itself under S.35A

D) Yes, if the amount exceeds 10,000 Taka

48 / 50

The inherent powers under Section 151 of the CPC (English):

A) Overrides the express provisions of the CPC (English)

B) Are inherent in the Court by virtue of its duty to do justice, and the Code only saves them

C) Cannot be used by a Subordinate Judge

D) Are conferred upon the Court by the Code

49 / 50

An agreement entered into by a next friend or guardian ad litem on behalf of a minor without the leave of the court is:

A) Valid and binding

B) Void

C) Illegal

D) Voidable at the option of the minor

50 / 50

Cross-decrees' in execution are dealt with under:

A) Order 21 Rule 20

B) Order 21 Rule 21

C) Order 21 Rule 18

D) Order 21 Rule 19

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Code of Civil Procedure, 1908 Model Test 25 (English)

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