Code of Civil Procedure, 1908 Model Test 3 (English)

Time Allowed30 Minutes

Total Questions50 MCQs

Total Marks50 Marks

Negative Marking-0.25 Marks

Qualifying Mark50% Pass

📜 Candidate Examination Guidelines (Click to expand)

The real-time countdown timer starts as soon as you begin the test.
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 3 (English)

Code of Civil Procedure, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

"Any relief claimed in the plaint, which is not expressly granted by the decree, shall be deemed to have been refused." This is which Explanation under Section 11?

A) Explanation VI

B) Explanation V

C) Explanation III

D) Explanation I

2 / 50

No suit shall be maintained against a certified purchaser on the ground that the purchase was made on behalf of the plaintiff. This is known as the bar against 'Benami' purchase under:

A) Section 66

B) Section 65

C) Section 74

D) Section 64

3 / 50

For the purpose of Place of Suing, where is a Corporation deemed to carry on business (Section 20, Explanation II)?

A) In Dhaka only

B) At the place where its CEO resides

C) Wherever its goods are sold

D) At its sole/principal office, or where cause of action arises at a subordinate office

4 / 50

Under Section 10, the "Stay of Suit" principle applies if the previously instituted suit is pending in:

A) A police station

B) Any Court in Bangladesh or beyond its limits established/continued by the Govt having jurisdiction

C) A foreign court outside Bangladesh's authority

D) An arbitration tribunal

5 / 50

To whom does an Appellate Court refer an appeal for mediation (Section 89C)?

A) It mediates itself or refers in order to settle the dispute

B) Directly to the Supreme Court

C) To a foreign mediator

D) To the Attorney General

6 / 50

The inherent power under Section 151 is exercised to:

A) Override the Supreme Court rules

B) Make orders necessary for the ends of justice or to prevent abuse of the process of the Court

C) Bypass the limitation act

D) Create new laws

7 / 50

Section 148 gives the Court discretion to enlarge time for doing any act prescribed by the Code. Does this apply even if the originally fixed period has expired?

A) Only in appeal cases

B) No, it must be requested before expiry

C) Only if the opposite party consents

D) Yes, the Court may enlarge the period even if it has expired

8 / 50

Section 52 deals with enforcement of a decree passed against a party as the:

A) Legal representative of a deceased person

B) Alien enemy

C) Government Pleader

D) Foreign Ruler

9 / 50

Under Section 135, no Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while:

A) Going to, presiding in, or returning from his Court

B) Traveling abroad

C) At his residence

D) On official leave

10 / 50

If a person to be arrested or property to be attached is outside the district, the Court issues a warrant/order and sends a copy to (Section 136):

A) The Border Guard Bangladesh

B) The local Police Station

C) The High Court Division

D) The District Court within whose jurisdiction the person/property resides/is situate

11 / 50

In executing a decree transferred under Section 68, the Collector acts (Section 71):

A) As an agent of the plaintiff

B) Executively

C) Judicially

D) Administratively

12 / 50

If a plantiff is precluded by rules from instituting a further suit in respect of a cause of action (Section 12), he:

A) Can sue in a foreign court

B) Can sue through a proxy

C) Shall not be entitled to institute a suit in respect of such cause of action in any Court to which CPC (English) applies

D) Can sue after 3 years

13 / 50

The Court executing a transferred decree has the power to (Section 42):

A) Punish all persons disobeying or obstructing the execution

B) Change the judgment

C) Retry the whole case

D) Arrest without warrant

14 / 50

"Accidental slip or omission" in judgments can be corrected under:

A) Section 151

B) Section 152

C) Section 144

D) Section 153

15 / 50

Can a separate suit be instituted for the purpose of obtaining restitution under Section 144?

A) Yes, but only in the High Court

B) Yes, if the property value is high

C) Yes, if both parties agree

D) No, it must be done by application to the Court of first instance

16 / 50

Under Section 22, an application to transfer a suit must be made at what stage?

A) During the appeal

B) After the final decree

C) At the earliest possible opportunity and at or before settlement of issues

D) Anytime before judgment

17 / 50

Under Section 135A, a Member of Parliament is exempt from civil arrest during a session and for how many days before and after such meeting?

A) 14 days

B) 30 days

C) 7 days

D) 21 days

18 / 50

Under the proviso of Section 80(2), in a suit instituted without notice, the Court shall allow the Government how much time to submit a written statement?

A) Not less than 6 months

B) Not less than 2 months

C) Not less than 1 month

D) Not less than 3 months

19 / 50

Section 150 deals with:

A) Transfer of shares

B) Transfer of business from one Court to another

C) Transfer of property

D) Transfer of the Judge

20 / 50

Under Section 61, the Government may exempt what property from attachment to ensure the support of the judgment-debtor's family?

A) Tools of artisans

B) Such portion of agricultural produce as necessary for next harvest and family support

C) All bank accounts

D) All residential buildings

21 / 50

If an entire court-fee has not been paid on a document, under Section 149, the Court may allow the person to pay the deficiency. Once paid, the document will have the same force as if:

A) A penalty is applied

B) The fee had been paid in the first instance

C) The date is shifted forward

D) It was a new document

22 / 50

A commission issued by a foreign Court may be executed under the provisions of:

A) Section 94

B) Section 78

C) Section 75

D) Section 88

23 / 50

Clerical or arithmetical mistakes in judgments, decrees, or orders can be corrected at any time by the Court under:

A) Section 153

B) Section 151

C) Section 152

D) Section 154

24 / 50

The "Inherent powers of Court" are saved under which famous section of the CPC (English)?

A) Section 151

B) Section 148

C) Section 152

D) Section 144

25 / 50

Section 141 states that the procedure provided in this Code in regard to suits shall be followed in:

A) Revenue collection

B) Criminal proceedings

C) Police investigations

D) All proceedings in any Court of civil jurisdiction

26 / 50

Under Section 153, the Court may at any time amend any defect or error in any proceeding in a suit for the purpose of:

A) Delaying the trial

B) Determining the real question or issue raised

C) Assisting the plaintiff only

D) Changing the judge

27 / 50

The Rule Committee must report to the Supreme Court on any proposal to make/alter rules. Before making rules, the Supreme Court must (Section 124):

A) Ask the Parliament

B) Approve it blindly

C) Take such report into consideration

D) Publish it in newspapers first

28 / 50

Who may direct a Judge to record evidence in the English language (Section 138)?

A) The Government

B) The District Judge

C) The Attorney General

D) The High Court Division

29 / 50

Who may administer an oath to a deponent for an affidavit under Section 139?

A) An officer appointed by a Government-empowered Court

B) An officer appointed by the Supreme Court

C) Any Court or Magistrate

D) All of the above

30 / 50

Suits claiming a declaration that trust property be let, sold, or mortgaged (public charities) requires institution under:

A) Section 115

B) Section 10

C) Section 151

D) Section 92

31 / 50

Under Section 147, consent or agreement by a person under disability (e.g., minor) is valid if given by the next friend/guardian:

A) Notarized by a lawyer

B) With the parents' oral permission

C) It is never valid

D) With the express leave of the Court

32 / 50

Under Section 14, what presumption does the Court make upon production of a certified copy of a foreign judgment?

A) It was pronounced by a Court of competent jurisdiction

B) It is forged

C) It is an interpleader suit

D) It violates natural justice

33 / 50

Under Section 80, if a suit is instituted against the Government without delivering the mandatory 2-month notice, what happens?

A) The Judge is fined

B) The suit is automatically dismissed

C) The property is seized

D) The plaintiff shall not be entitled to costs if Govt settles within 2 months

34 / 50

If courts having jurisdiction are subordinate to different Appellate Courts, an application for transfer (Section 23) is made to:

A) The District Magistrate

B) The lowest Appellate Court

C) The Attorney General

D) The High Court Division

35 / 50

The Ruler of a foreign State may be sued in the name of an agent if (Section 87):

A) The Ruler trades in Bangladesh

B) The agent is a citizen of Bangladesh

C) The Ruler requests it

D) The Government directs it while giving consent

36 / 50

An order determining a case under Section 35A (compensatory costs) can be appealed ONLY on the ground that:

A) No order, or an order for a less amount, ought to have been made (Section 104)

B) It was an ex parte order

C) The judge was biased

D) The amount exceeded 50,000 Taka

37 / 50

If a judgment-debtor is seriously ill, the Court may cancel his arrest warrant or release him from civil prison under:

A) Section 59

B) Section 61

C) Section 58

D) Section 55

38 / 50

Property in the hands of a son liable under Hindu law for a deceased ancestor's debt is treated as (Section 53):

A) Property of the deceased which came to the hands of the son

B) The son's personal property

C) Exempt from execution

D) Unattachable property

39 / 50

Where a decree is varied or reversed, an application to place the parties in the position they would have occupied but for the decree is called (Section 144):

A) Review

B) Restitution

C) Remand

D) Reference

40 / 50

Under Section 105(2), what happens if a party aggrieved by an order of remand does not appeal it?

A) The High Court intervenes automatically

B) The case is dismissed

C) They can appeal it after final judgment

D) They are precluded from disputing its correctness thereafter

41 / 50

Res Judicata under Section 11 requires that the former suit must have been between:

A) The Government and a citizen

B) A corporation and an individual

C) The same parties, or parties under whom they claim

D) Different parties

42 / 50

According to Section 142, all orders and notices served under the provisions of the CPC (English) shall be:

A) Oral

B) Acknowledged by affidavit

C) In writing

D) Published in newspaper

43 / 50

The Government can make rules for transferring the execution of certain decrees involving sale of immovable property to whom (Section 68)?

A) The Collector

B) The Police

C) The local Union Parishad

D) The High Court

44 / 50

Under Section 145, if a person has become liable as a surety for the performance of a decree, the decree may be executed:

A) By the Government

B) Only after filing a new suit against him

C) Against him to the extent he has rendered himself personally liable

D) Against his family

45 / 50

If a mediation results in a compromise, who must sign the agreement (Section 89A)?

A) Only the mediator

B) The Judge only

C) The parties, pleaders, and the mediator

D) Only the pleaders

46 / 50

In an Admiralty cause of salvage or collision, how many competent assessors can the Court summon for assistance (Section 140)?

A) Three

B) One

C) Two

D) Five

47 / 50

Which section explicitly states that "Nothing in this Code shall affect any present right of appeal which shall have accrued to any party at its commencement"?

A) Section 150

B) Section 151

C) Section 154

D) Section 153

48 / 50

The language of any Court subordinate to the High Court Division shall be declared by (Section 137):

A) The Government

B) The District Judge

C) The Parliament

D) The Supreme Court

49 / 50

Where property is under attachment in execution of decrees of more Courts than one, which Court shall receive/realize it (Section 63)?

A) The High Court

B) The Court of highest grade, or if equal, the Court under whose decree it was first attached

C) The District Magistrate

D) The Court of lowest grade

50 / 50

A public officer sued in respect of an official act is exempted from appearing in person if (Section 81):

A) He claims diplomatic immunity

B) He pays a fine

C) The Court is satisfied that he cannot absent himself from his duty without detriment to the public service

D) He is out of the country

The average score is 0%

📚 Practice More Model Tests (CPC English):

⬅️ Previous: CPC Model Test 2
Next: CPC Model Test 4 ➡️

Code of Civil Procedure, 1908 Model Test 3 (English)

Code of Civil Procedure, 1908

📚 Practice More Model Tests (CPC English):

Related Articles

The Penal Code, 1860 Model Test

বার কাউন্সিল পূর্ণাঙ্গ মডেল টেস্ট ২৫ | ১০০ নম্বর ৬০ মিনিট

Code of Civil Procedure, 1908 Model Test 1 (English)

The Evidence Act, 1872 Model Test 4 (English)