Code of Civil Procedure, 1908 Model Test 5 (English) 0% Time limit: 30 minutes. Complete the test within time. āĻ¸āĻŽā§ āĻļā§āĻˇ āĻ§āĻ¨ā§āĻ¯āĻŦāĻžāĻĻāĨ¤ CPC Model Test 5 (English) Code of Civil Procedure, 1908 Questions: 50 Full Marks: 50 Time: 30 Minutes 1 / 50 Upon payment of the deficiency of court-fees as allowed by the Court, the document shall have effect (Section 149): A) From the date the suit is decided B) From the date of actual payment C) As if such fee had been paid in the first instance D) With a penalty applied Explanation: According to Section 149 of The Code of Civil Procedure, 1908, the legally correct resolution is "As if such fee had been paid in the first instance". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 2 / 50 An order of dismissal for default is considered a decree. A) True B) False C) Cannot be determined D) N/A Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "False". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 3 / 50 A Rule Committee report regarding First Schedule rules is made to the: A) Supreme Court B) President C) Ministry of Law D) Parliament Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Supreme Court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 4 / 50 Can a mere right to sue for damages be attached in execution of a decree? A) Yes B) Cannot be determined C) N/A D) No Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "No". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 5 / 50 "Pecuniary Jurisdiction" is dealt with in which section of the CPC (English)? A) Section 9 B) Section 11 C) Section 6 D) Section 16 Explanation: According to Section 6 of The Code of Civil Procedure, 1908, the legally correct resolution is "Section 6". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 6 / 50 Which section states "Every suit shall be instituted in the Court of the lowest grade competent to try it"? A) Section 15 B) Section 10 C) Section 9 D) Section 20 Explanation: According to Section 15 of The Code of Civil Procedure, 1908, the legally correct resolution is "Section 15". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 7 / 50 Are books of account liable to attachment and sale in execution of a decree? A) Only if they belong to a corporation B) No C) Yes D) Yes, if they are digital Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "No". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 8 / 50 Can a suit be partly preliminary and partly final? A) No B) Cannot be determined C) N/A D) Yes Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Yes". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 9 / 50 Under Section 30, the Court can order any fact to be proved by: A) Two witnesses B) Polygraph test C) Affidavit D) Oral oath only Explanation: According to Section 30 of The Code of Civil Procedure, 1908, the legally correct resolution is "Affidavit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 10 / 50 Can a decree passed by the High Court Division in the exercise of appellate jurisdiction be executed by the Court of first instance? A) Yes, but only with Supreme Court permission B) No, only the High Court can execute it C) Yes, under Section 37 D) No, it must be retried Explanation: According to Section 37 of The Code of Civil Procedure, 1908, the legally correct resolution is "Yes, under Section 37". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 11 / 50 According to Section 151, the ends of justice and preventing abuse of the process of the Court are the basis of the Court's: A) Inherent powers B) Appellate powers C) Revisional powers D) Pecuniary powers Explanation: According to Section 151 of The Code of Civil Procedure, 1908, the legally correct resolution is "Inherent powers". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 12 / 50 A decree or order may be executed against a surety to the extent to which he has rendered himself personally liable, provided that (Section 145): A) The suit value is below 10,000 Taka B) Such notice as the Court thinks sufficient has been given to the surety C) The principal debtor is dead D) The surety consents in writing during execution Explanation: According to Order m of The Code of Civil Procedure, 1908, the legally correct resolution is "Such notice as the Court thinks sufficient has been given to the surety". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 13 / 50 Under Section 95, a Court cannot award compensation exceeding: A) 50,000 Taka B) Its pecuniary jurisdiction limits C) 25,000 Taka D) 1,00,000 Taka Explanation: According to Section 95 of The Code of Civil Procedure, 1908, the legally correct resolution is "Its pecuniary jurisdiction limits". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 14 / 50 Under Section 2(11), a "legal representative" includes: A) Any person who intermeddles with the estate of the deceased B) The deceased's lawyer C) A court-appointed receiver D) A neighbor who pays the funeral expenses Explanation: According to Section 2 of The Code of Civil Procedure, 1908, the legally correct resolution is "Any person who intermeddles with the estate of the deceased". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 15 / 50 No person shall be liable to arrest under civil process if he is a member of Parliament during the continuance of any meeting, and during (Section 135A): A) 7 days before and after B) 14 days before and after C) 30 days before and after D) 60 days before and after Explanation: According to Section 135A of The Code of Civil Procedure, 1908, the legally correct resolution is "14 days before and after". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 16 / 50 Assessors summoned in an Admiralty cause shall receive fees for their attendance paid by (Section 140): A) The Government B) Such of the parties as the Court may direct C) Pro bono (no fees) D) The High Court Explanation: According to Section 140 of The Code of Civil Procedure, 1908, the legally correct resolution is "Such of the parties as the Court may direct". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 17 / 50 What happens if a judgment-debtor released on security to apply for insolvency fails to apply within one month (Section 55)? A) The Court forgives him B) The Court may direct the security to be realized or commit him to civil prison C) He is permanently exempted D) The Court transfers the case Explanation: According to Section 55 of The Code of Civil Procedure, 1908, the legally correct resolution is "The Court may direct the security to be realized or commit him to civil prison". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 18 / 50 Explanation I of Section 20 deals with: A) A person having a permanent dwelling and a temporary residence B) Corporations C) Foreign Rulers D) Minors Explanation: According to Section 20 of The Code of Civil Procedure, 1908, the legally correct resolution is "A person having a permanent dwelling and a temporary residence". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 19 / 50 The power of the Court under Section 148 to enlarge time is: A) Mandatory B) Only applicable to the Government C) Discretionary D) Subject to High Court approval Explanation: According to Section 148 of The Code of Civil Procedure, 1908, the legally correct resolution is "Discretionary". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 20 / 50 Where any proceeding may be taken by or against any person, it may also be taken by or against (Section 146): A) Any of his friends B) His neighbors C) Any person claiming under him D) His employer Explanation: According to Section 146 of The Code of Civil Procedure, 1908, the legally correct resolution is "Any person claiming under him". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 21 / 50 Section 60(1)(i) protects what amount of a regular salary (not govt/railway) from attachment? A) First hundred Taka and one-half the remainder B) First 1000 Taka and half the remainder C) First 5000 Taka D) The entire salary Explanation: According to Section 60 of The Code of Civil Procedure, 1908, the legally correct resolution is "First hundred Taka and one-half the remainder". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 22 / 50 Can the Court making an order for restitution also make orders for the payment of interest, damages, compensation, and mesne profits? A) No B) Only interest C) Yes D) Only mesne profits Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Yes". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 23 / 50 Postage chargeable on a notice/summons forwarded by post must be paid (Section 143): A) After the case ends B) Within a time to be fixed before the communication is made C) By the defendant upon receipt D) By the postal department Explanation: According to Section 143 of The Code of Civil Procedure, 1908, the legally correct resolution is "Within a time to be fixed before the communication is made". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 24 / 50 Section 48 sets a general time limit of 12 years for execution. Does this apply to a decree granting an injunction? A) Yes B) N/A C) Cannot be determined D) No Explanation: According to Section 48 of The Code of Civil Procedure, 1908, the legally correct resolution is "No". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 25 / 50 Under Section 113, a Court refers a case for opinion to: A) The Attorney General B) The High Court Division C) The Supreme Court Appellate Division D) The District Court Explanation: According to Section 113 of The Code of Civil Procedure, 1908, the legally correct resolution is "The High Court Division". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 26 / 50 Section 94(c) allows the Court to grant a: A) Temporary injunction B) Declaratory decree C) Mandatory injunction D) Permanent injunction Explanation: According to Section 94 of The Code of Civil Procedure, 1908, the legally correct resolution is "Temporary injunction". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 27 / 50 Clerical or arithmetical mistakes in judgments may be corrected by the Court (Section 152): A) Either of its own motion or on the application of any of the parties B) Only on application of the plaintiff C) Only during the trial phase D) Only on application of the defendant Explanation: According to Section 152 of The Code of Civil Procedure, 1908, the legally correct resolution is "Either of its own motion or on the application of any of the parties". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 28 / 50 If a party or his pleader is unacquainted with English, and evidence is recorded in English, the Court shall (Section 137): A) Transfer the case B) Supply a translation into the language of the Court at his request C) Dismiss the pleader D) Force him to learn English Explanation: According to Section 137 of The Code of Civil Procedure, 1908, the legally correct resolution is "Supply a translation into the language of the Court at his request". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 29 / 50 Under Section 79, in a suit against the Government, the authority to be named as defendant shall be: A) The District Magistrate B) The Prime Minister C) The Ministry concerned D) Bangladesh Explanation: According to Section 79 of The Code of Civil Procedure, 1908, the legally correct resolution is "Bangladesh". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 30 / 50 If the local limits of the jurisdiction of Courts are uncertain, the Court records a statement under: A) Section 19 B) Section 18 C) Section 17 D) Section 16 Explanation: According to Section 18 of The Code of Civil Procedure, 1908, the legally correct resolution is "Section 18". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 31 / 50 Under Section 55, when a judgment-debtor is brought before the Court after arrest for a money decree, the Court shall inform him that he may apply to be declared: A) An insolvent B) An alien enemy C) A foreign ruler D) A recognized agent Explanation: According to Section 55 of The Code of Civil Procedure, 1908, the legally correct resolution is "An insolvent". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 32 / 50 The inherent powers of the Court are meant to (Section 151): A) Prevent abuse of the process of the Court and secure the ends of justice B) Overrule Supreme Court decisions C) Create new criminal offenses D) Punish contempt of court Explanation: According to Section 151 of The Code of Civil Procedure, 1908, the legally correct resolution is "Prevent abuse of the process of the Court and secure the ends of justice". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 33 / 50 In Section 51(c), execution of decree can be ordered by: A) Arrest and detention in prison B) Hanging C) Public flogging D) Exile Explanation: According to Section 51 of The Code of Civil Procedure, 1908, the legally correct resolution is "Arrest and detention in prison". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 34 / 50 Under Section 91, who must give written consent for two or more persons to institute a suit for public nuisance? A) The Police Commissioner B) The Chief Justice C) The Attorney General D) The District Judge Explanation: According to Section 91 of The Code of Civil Procedure, 1908, the legally correct resolution is "The Attorney General". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 35 / 50 Under Section 16, a suit for foreclosure of a mortgage of immovable property shall be instituted in the Court where: A) The defendant works for gain B) The property is situate or where cause of action arose C) The contract was registered D) The plaintiff resides Explanation: According to Section 16 of The Code of Civil Procedure, 1908, the legally correct resolution is "The property is situate or where cause of action arose". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 36 / 50 Where a person exempted under Section 133 claims the privilege and must be examined by commission, who generally pays the costs of that commission? A) The exempted person, unless the party requiring evidence pays B) The Government C) The opposite party automatically D) The Court Explanation: According to Section 133 of The Code of Civil Procedure, 1908, the legally correct resolution is "The exempted person, unless the party requiring evidence pays". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 37 / 50 Under Section 63, if there is no difference in grade between Courts attaching the same property, which Court decides claims? A) The Collector B) The Court under whose decree the property was first attached C) The Court which first passed the decree D) The High Court Division Explanation: According to Section 63 of The Code of Civil Procedure, 1908, the legally correct resolution is "The Court under whose decree the property was first attached". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 38 / 50 The rules made by the Rule Committee may provide for which of the following matters (Section 128)? A) All of the above B) Consolidation of suits C) Procedure by way of originating summons D) Service of summonses by post Explanation: According to Section 128 of The Code of Civil Procedure, 1908, the legally correct resolution is "All of the above". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 39 / 50 Section 120 states that Sections 16, 17, and 20 do NOT apply to the High Court Division in the exercise of its: A) Appellate civil jurisdiction B) Revisional jurisdiction C) Original civil jurisdiction D) Review jurisdiction Explanation: According to Section 120 of The Code of Civil Procedure, 1908, the legally correct resolution is "Original civil jurisdiction". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 40 / 50 If a Court orders the attachment of property situated outside its local limits, it sends a copy of the order to (Section 136): A) The local UP Chairman B) The High Court Division C) The Government Pleader D) The District Court within whose limits the property is situate Explanation: According to Section 136 of The Code of Civil Procedure, 1908, the legally correct resolution is "The District Court within whose limits the property is situate". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 41 / 50 Who has the power to exempt from personal appearance in Court any person whose rank entitles him to the privilege (Section 133)? A) The Supreme Court B) The High Court Division C) The Government D) The District Judge Explanation: According to Section 133 of The Code of Civil Procedure, 1908, the legally correct resolution is "The Government". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 42 / 50 Section 82 deals with: A) Rateable distribution B) Execution of decree against the Government or a public officer C) Commissions D) Foreign Rulers Explanation: According to Section 82 of The Code of Civil Procedure, 1908, the legally correct resolution is "Execution of decree against the Government or a public officer". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 43 / 50 The purpose of making necessary amendments in any proceeding under Section 153 is: A) To increase court fees B) To delay the proceedings C) To penalize the drafting lawyer D) To determine the real question or issue raised by or depending on such proceeding Explanation: According to Section 153 of The Code of Civil Procedure, 1908, the legally correct resolution is "To determine the real question or issue raised by or depending on such proceeding". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 44 / 50 Which Court shall cause restitution to be made when a decree is varied or reversed (Section 144)? A) The Court of first instance B) The Supreme Court C) The Revisional Court D) The Appellate Court Explanation: According to Section 144 of The Code of Civil Procedure, 1908, the legally correct resolution is "The Court of first instance". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 45 / 50 Is a High Court Judge's decree sitting alone appealable to the Appellate Division under Section 111? A) N/A B) No C) Yes D) Cannot be determined Explanation: According to Section 111 of The Code of Civil Procedure, 1908, the legally correct resolution is "No". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 46 / 50 If a Member of Parliament is released from detention under Section 135A, is he liable to re-arrest after the exempted period expires? A) Only if ordered by the Speaker B) Only for a new decree C) No D) Yes Explanation: According to Section 135A of The Code of Civil Procedure, 1908, the legally correct resolution is "Yes". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 47 / 50 Can a case be remanded by an Appellate Court under Section 107? A) Cannot be determined B) Yes C) No D) N/A Explanation: According to Section 107 of The Code of Civil Procedure, 1908, the legally correct resolution is "Yes". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 48 / 50 Does "Government Pleader" include any pleader acting under the directions of the Government Pleader? A) Only if authorized by the District Judge B) Yes C) Only in criminal cases D) No Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Yes". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 49 / 50 Can a civil court try a suit if its cognizance is impliedly barred? A) No B) Only if the value is high C) Yes, with Government permission D) Yes Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "No". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 50 / 50 If a Judge is prevented from taking down evidence in English after being directed to do so, he shall (Section 138): A) Use a tape recorder B) Adjourn the court indefinitely C) Record the reason and cause evidence to be taken in writing from his dictation in open Court D) Ask the plaintiff to write it Explanation: According to Section 138 of The Code of Civil Procedure, 1908, the legally correct resolution is "Record the reason and cause evidence to be taken in writing from his dictation in open Court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. The average score is 0% 0% Send feedback đ Practice More Model Tests (CPC English): âŦ ī¸ Previous: CPC Model Test 4 Next: CPC Model Test 6 âĄī¸ Facebook X LinkedIn Pinterest Messenger Messenger WhatsApp Telegram Share via Email Print
