Code of Civil Procedure, 1908 Model Test 4 (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 4 (English)

Code of Civil Procedure, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

If the mediation under Section 89A fails to produce a compromise, the Court shall:

A) Force a settlement

B) Dismiss the suit

C) Proceed with hearing from the stage at which the suit stood before the decision to mediate

D) Send it to arbitration

2 / 50

During an arrest, if a room is in the actual occupancy of a woman who does not appear in public, the officer shall (Section 55):

A) Arrest her too

B) Give notice to her that she is at liberty to withdraw and allow reasonable time

C) Break open the door immediately

D) Leave the premises

3 / 50

If the Court directs that any costs shall NOT follow the event, the Court shall (Section 35):

A) Refer the matter to the High Court

B) Fine the plaintiff

C) State its reasons in writing

D) Issue a decree for half costs

4 / 50

"Where persons litigate bona fide in respect of a public right... all persons interested in such right shall be deemed to claim under the persons so litigating." This relates to which Explanation of Section 11?

A) Explanation IV

B) Explanation V

C) Explanation II

D) Explanation VI

5 / 50

For an appeal to the Appellate Division under Section 109(a) and (b), the amount or value of the subject-matter must be (Section 110):

A) 50,000 Taka or upwards

B) 20,000 Taka or upwards

C) 5,000 Taka or upwards

D) 10,000 Taka or upwards

6 / 50

A Court of Additional District Judge shall have all the powers of the District Judge under Section 115(2) in respect of revision cases which may be:

A) None of the above

B) Transferred to it by the District Judge

C) Filed directly to him

D) Transferred by the High Court

7 / 50

Persons specially appointed by order of the Government to prosecute/defend on behalf of a Foreign Ruler shall be deemed to be (Section 85):

A) Recognized agents

B) Diplomatic envoys

C) Public Officers

D) Amicus Curiae

8 / 50

A certified copy of a decree of a superior Court of any reciprocating territory may be executed in Bangladesh as if passed by the (Section 44A):

A) Magistrate Court

B) District Court

C) High Court Division

D) Supreme Court

9 / 50

Under Section 2(17), which of the following is NOT expressly listed as a "public officer"?

A) Every commissioned officer in the military

B) Every Judge

C) A private legal practitioner

D) Every member of the Civil Service of the Republic

10 / 50

When a suit is transferred under Section 24 on the application of a party, the Court ordering the transfer shall (Section 24A):

A) Issue fresh summons

B) Levy extra costs

C) Dismiss the previous proceedings

D) Fix a date for the appearance of the parties before the Court to which the case is transferred

11 / 50

A resides at Cox's Bazar, B at Dhaka, C at Chittagong. B and C make a joint promissory note in Khulna and deliver it to A. If A sues B and C at Dhaka, what is required if C objects?

A) A fresh suit must be filed in Khulna

B) C must be removed from the suit

C) Leave of the Court must be given

D) The suit is automatically dismissed

12 / 50

Under Section 34, if a decree is silent with respect to the payment of further interest from the date of the decree to the date of payment:

A) The Court shall be deemed to have refused such interest

B) The plaintiff can claim it in execution

C) 6% interest is automatically applied

D) A separate suit must be filed

13 / 50

Every transferee of a decree shall hold the same subject to (Section 49):

A) The equities which the judgment-debtor might have enforced against the original decree-holder

B) New terms and conditions

C) Extra taxes

D) Court's approval

14 / 50

Where property liable to be sold is subject to a mortgage, the Court may sell it free from the mortgage with the consent of (Section 73):

A) The judgment-debtor

B) The Government

C) The mortgagee or incumbrancer

D) The auction purchaser

15 / 50

Does an appeal lie from a decree passed by the Court with the consent of parties (Section 96)?

A) Only on a point of law

B) Yes

C) Only to the Appellate Division

D) No

16 / 50

Within how many days must the parties inform the Court whom they have appointed as mediator under Section 89A?

A) 10 days

B) 30 days

C) 7 days

D) 15 days

17 / 50

Which of the following provisions DOES NOT extend to Courts of Small Causes (Section 7)?

A) Suits for recovery of money

B) Issuing summons to witnesses

C) Payment of costs

D) The execution of decrees against immovable property

18 / 50

Stipends and gratuities allowed to pensioners of the Government are (Section 60):

A) Fully attachable

B) Attachable after retirement

C) Attachable for maintenance suits only

D) Exempt from attachment

19 / 50

Under Section 44A, does "Decree" include an arbitration award?

A) No, in no case includes an arbitration award

B) Yes, always

C) Only if signed by a Judge

D) Yes, if enforceable as a decree

20 / 50

"Revenue Court" in Section 5 means a Court having jurisdiction under any local law to entertain suits relating to:

A) Rent, revenue or profits of land used for agricultural purposes

B) Trust property

C) Commercial contracts

D) Criminal offences

21 / 50

A is a tradesman in Dhaka. B carries on business in Chittagong. B, by his agent in Dhaka, buys goods of A. A may sue B for the price of goods in (Section 20):

A) Either Dhaka (where cause of action arose) or Chittagong (where B carries on business)

B) A foreign court

C) Dhaka only

D) Chittagong only

22 / 50

Can a High Court Division order a decree to be executed BEFORE the amount of costs incurred can be ascertained by taxation (Section 118)?

A) No

B) Yes

C) Only for foreign decrees

D) Only if the Government is a party

23 / 50

The Government may make rules imposing conditions on the sale of interests in land if such interests are (Section 67):

A) Owned by a corporation

B) Held by minors

C) Subject to mortgage

D) So uncertain or undetermined as to make it impossible to fix their value

24 / 50

Who appoints the Secretary to the Rule Committee?

A) The Government

B) The District Judge

C) The President

D) The Chief Justice

25 / 50

Can a Court which passed a decree send it for execution to another Court of its own motion (Section 39)?

A) No, only on application of the decree-holder

B) No, it must be executed locally

C) Yes, to any subordinate Court of competent jurisdiction

D) Yes, but only to the High Court

26 / 50

Who prepares the panel of mediators under Section 89A(10)?

A) The Attorney General

B) The Ministry of Law

C) The District Judge in consultation with the President of the District Bar Association

D) The Chief Justice

27 / 50

According to Section 2(19), "share in a corporation" shall be deemed to include:

A) Only equity shares

B) Stock, debenture stock, debentures or bonds

C) Bank notes

D) Promissory notes

28 / 50

Does an appeal lie to the Appellate Division from the decree of one Judge of the High Court Division (Section 111)?

A) Yes, if value is above 20,000 Taka

B) Yes, if it is a criminal matter

C) No

D) Yes

29 / 50

Under Section 89A(2), can pleaders appoint a person holding an office of profit in the service of the Republic as a mediator?

A) No

B) Yes

C) Only military officers

D) Only if the judge agrees

30 / 50

The Court of District Judge may call for the record of a proceeding passed by a Joint District Judge if there is an error of law occasioning (Section 115):

A) Procedural delay

B) Failure of justice

C) Financial loss

D) Contempt of court

31 / 50

Which of the following is liable to attachment and sale in execution of a decree (Section 60)?

A) Shares in a corporation

B) Necessary wearing-apparel

C) Books of account

D) Right of personal service

32 / 50

Under Section 44A, "Decree" of a superior Court of a reciprocating territory does NOT include:

A) A judgment for a sum of money

B) A sum payable in respect of taxes or a fine

C) A civil order

D) A commercial judgment

33 / 50

Who determines the procedure to be followed when the Court or Legal Aid Officer mediates (Section 89A)?

A) The Supreme Court

B) The Court or Legal Aid Officer

C) The pleaders

D) The parties

34 / 50

If after filing a written statement, a party makes an application which delays the proceeding, the Court shall not hear it without payment of cost not exceeding (Section 35B):

A) 2,000 Taka

B) 1,000 Taka

C) 3,000 Taka

D) 5,000 Taka

35 / 50

Who appoints the members of the Rule Committee (Section 123)?

A) The President

B) The Minister of Law

C) The Prime Minister

D) The Chief Justice

36 / 50

Does the Court or Legal Aid Officer charge any fee for mediation under Section 89A?

A) Yes, 1000 Taka

B) Only travel expenses

C) Yes, 5% of suit value

D) No, they shall not charge any fee

37 / 50

Where it is uncertain within the local limits of which of two or more Courts any immovable property is situate, a Court may proceed to entertain the suit after (Section 18):

A) Getting consent of both parties

B) Taking permission from the High Court

C) Recording a statement to that effect

D) Asking the District Judge

38 / 50

Summonses issued by a Court situate outside Bangladesh may be served in Bangladesh if (Section 29):

A) The foreign court pays a fee

B) It is translated into Bengali

C) The Government has by notification declared the section to apply to such Courts

D) The defendant agrees

39 / 50

If a decree against the Government is not satisfied within the time specified, the Court shall (Section 82):

A) Attach Government bank accounts

B) Report the case for the orders of the Government

C) Dismiss the public officer

D) Order immediate arrest of the Secretary

40 / 50

Explanation I of Section 11 (Res Judicata) defines "former suit" as:

A) An interpleader suit

B) A suit filed earlier in time

C) A suit which has been decided prior to the suit in question

D) A suit filed in a foreign court

41 / 50

In lieu of issuing a commission, the Court may issue a "letter of request" to examine a witness residing (Section 77):

A) At any place not within Bangladesh

B) In a military base

C) In the same district

D) In Dhaka

42 / 50

A publishes in Dhaka statements defamatory of B, who resides in Chittagong. A resides in Chittagong. B may sue A in (Section 19):

A) Either in Dhaka or in Chittagong

B) Dhaka only

C) Chittagong only

D) The Supreme Court

43 / 50

An appeal shall lie to the Appellate Division from a final order passed by the High Court Division if (Section 109):

A) The amount is exactly 10,000 Taka

B) It is an ex parte decree

C) It involves an interpleader suit

D) It is certified to be a fit one for appeal

44 / 50

Does CPC (English) limit any remedy a landlord may have under any law for the recovery of rent of agricultural land (Section 4)?

A) Only in specific districts

B) Yes

C) No

D) Only if the amount exceeds 10,000 Taka

45 / 50

Under Section 2(15), "pleader" means:

A) Only a Government appointed lawyer

B) Any person entitled to appear and plead for another in Court

C) Only an Advocate of the Supreme Court

D) A recognized agent

46 / 50

Which of the following is a power of the Appellate Court (Section 107)?

A) To remand a case

B) To determine a case finally

C) To take additional evidence

D) All of the above

47 / 50

A suit regarding a breach of trust created for public charities may be instituted by (Section 92):

A) The Police

B) Any one person

C) The Attorney General, or two or more persons having an interest with the AG's written consent

D) A foreign state

48 / 50

The maximum interest rate the Court may give on costs under Section 35(3) is:

A) 12% per annum

B) 6% per annum

C) 10% per annum

D) 5% per annum

49 / 50

Under Section 11, Explanation II, the competence of a Court shall be determined irrespective of:

A) The nature of the suit

B) Pecuniary limits

C) Territorial limits

D) Any provisions as to a right of appeal from the decision of such Court

50 / 50

The wages of labourers and domestic servants are (Section 60):

A) Attachable only if they exceed 500 Taka

B) Fully liable to attachment

C) Attachable up to 50%

D) Exempt from attachment

The average score is 0%

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Code of Civil Procedure, 1908 Model Test 4 (English)

Code of Civil Procedure, 1908

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