The Code of Civil Procedure Model Test 0% It must be finished within just 30 minutes. Time Over. Thank you Cpc half model test universal The Code of Civil Procedure, 1860 Question: 50 Marks: 50 Time: 30 Minute 1 / 50 When a suit is compromised under Order XXIII, Rule 3, the Court passes a consent decree. Can a separate suit be filed to set aside this consent decree on the ground that the compromise was not lawful? A) Yes, if fraud is proven in the new suit B) Only in a foreign court C) Yes, anytime D) No, no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful 2 / 50 If the appellate court finds that the trial court disposed of the suit on a preliminary point and reverses that decision in appeal, what does the appellate court typically do? A) Keep the case pending forever B) Dismiss the suit entirely C) Remand the case to the trial court with a direction to determine the suit on its full merits D) Arrest the trial judge 3 / 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 152 C) Section 148 D) Section 148A 4 / 50 Order 6 Rule 15 of CPC (English) requires that every pleading shall be: A) Notarized 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) Signed by a Gazetted Officer D) Stamped with a 1000 Taka court fee 5 / 50 Section 152 allows the Court to correct clerical or arithmetical mistakes in judgments, decrees, or orders: A) Only within 30 days B) At any time, either of its own motion or on the application of any of the parties C) Only during an appeal D) Never 6 / 50 To execute a decree against a firm, the property of the partnership can be attached. Can the personal property of an individual partner be attached? A) Only if the partner is the majority shareholder B) No, never C) Yes, automatically in all cases D) Yes, if they were individually served with summons as a partner and admitted or were adjudged to be a partner 7 / 50 A counter-claim must not exceed the: A) Amount claimed by the plaintiff B) Plaintiff's bank balance C) Value of the disputed property D) Pecuniary limits of the jurisdiction of the Court 8 / 50 If a suit involves a claim for compensation for wrong to an immovable property, it shall be instituted where (Section 16): A) The contract was signed B) The property is situate C) The Government dictates D) The plaintiff resides 9 / 50 Under Order IX, Rule 4, if a suit is dismissed because neither party appeared, the plaintiff can: A) Bring a fresh suit (subject to limitation) OR apply to set aside the dismissal B) Do nothing C) Only file a revision D) Only file an appeal 10 / 50 Under Section 48, an order for execution of a decree cannot be made upon a fresh application after the expiration of: A) 3 years B) 12 years C) 20 years D) 6 years 11 / 50 A compromise decree passed under Order XXIII, Rule 3, which is based on a lawful agreement between the parties, is generally: A) Not appealable (barred by Section 96(3)) B) Open to appeal by either party C) Valid only for 6 months D) Automatically reviewed after a year 12 / 50 Finally, the main objective of the Code of Civil Procedure is to: A) Punish the wrongdoer B) Collect revenue for the state C) Consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature D) Define civil rights 13 / 50 Rules made under the Rule Committee and Supreme Court are subject to the previous approval of (Section 126): A) The President B) The Attorney General C) The Prime Minister D) The Parliament 14 / 50 Under Order XVI, Rule 1, a list of witnesses must be filed by the parties within how many days after the date on which the issues are settled? A) 45 days B) 30 days C) 15 days D) 7 days 15 / 50 Order XX, Rule 6A mandates that the last paragraph of the judgment shall indicate in precise terms the: A) Reasons for the decision B) Relief granted C) Name of the lawyers D) Costs awarded 16 / 50 Under Section 44A, "Decree" of a superior Court of a reciprocating territory does NOT include: A) A civil order B) A sum payable in respect of taxes or a fine C) A judgment for a sum of money D) A commercial judgment 17 / 50 A "Public Nuisance" suit (Section 91) requires the leave of the court if filed by: A) A police officer B) The affected property owner directly C) The Attorney General D) Two or more persons having no special damage 18 / 50 Order II, Rule 2(3) states that a person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs. If they omit to sue for all, EXCEPT with the leave of the Court, they shall: A) Be fined B) Lose their citizenship C) Be allowed to sue for them later anytime D) Not afterwards sue for any relief so omitted 19 / 50 Under Order XXI, Rule 106, an order made ex parte under rule 105 in execution proceedings may be set aside on an application if the applicant satisfies the Court that: A) He forgot to come B) The decree holder agreed C) He did not receive the money D) There was sufficient cause for his non-appearance 20 / 50 Under Order XII, Rule 1, any party to a suit may give notice, by his pleading, or otherwise in writing, that he: A) Wants a transfer of the case B) Denies the jurisdiction of the Court C) Admits the truth of the whole or any part of the case of any other party D) Refuses to pay costs 21 / 50 A suit shall abate if a sole plaintiff dies, the right to sue survives, but no application is made to substitute the legal heirs within: A) 90 days B) 120 days C) 30 days D) 60 days 22 / 50 Under Order XII, Rule 6, a judgment on admissions can be passed: A) Only if the admission is in writing B) Only at the first hearing C) Only if the defendant signs a confession D) Whether the admission of fact is made in the pleading or otherwise, whether orally or in writing 23 / 50 Which section deals with "Precepts"? A) Section 42 B) Section 46 C) Section 48 D) Section 39 24 / 50 If a party wishes to amend their pleadings to introduce a completely new, inconsistent, and contradictory case, what is the court's usual approach? A) It is allowed unconditionally B) It is generally refused as it alters the fundamental character of the suit C) It is allowed with a penalty D) It is allowed but only in the appellate stage 25 / 50 According to Order XLVII, Rule 1, an application for review of a judgment can be made on the ground of: A) Any other sufficient reason B) Some mistake or error apparent on the face of the record C) All of the above D) Discovery of new and important matter or evidence 26 / 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 1 month B) Not less than 2 months C) Not less than 3 months D) Not less than 6 months 27 / 50 Attachment before judgment (Order XXXVIII, Rule 5) is ordered when the court is satisfied that the defendant is about to dispose of their property with the intent to: A) Obstruct or delay the execution of any decree that may be passed against them B) Give it to a charity C) Pay off their lawful debts D) Upgrade their business 28 / 50 Which order deals specifically with "Suits by or against Military or Naval men or Airmen"? A) Order XXVIII B) Order XXVII C) Order XXXII D) Order XXX 29 / 50 To enforce a decree of specific performance, if the judgment-debtor refuses to execute the required document (like a sale deed), the Court can: A) Only fine them B) Imprison them for life C) Cancel the contract entirely D) Execute the document on behalf of the judgment-debtor, which will have the same legal effect 30 / 50 If a plaintiff intentionally omits a portion of their claim in a suit, what is the legal consequence regarding the omitted portion? A) They can file a new suit for it later B) They are permanently barred from suing for the omitted portion afterwards C) The court will automatically add it to the decree D) They can claim it during the appellate stage 31 / 50 Order XXXVIII (Attachment before judgment) and Order XXXIX (Temporary Injunctions) are both examples of: A) Criminal punishments B) Interlocutory/Supplemental proceedings to prevent the ends of justice from being defeated C) Final decrees D) Appellate procedures 32 / 50 Under Section 89A(11), if disputes are settled on compromise, the parties are entitled to a refund of court fees within: A) 60 days B) 90 days C) 120 days D) 30 days 33 / 50 Under Order XLV, Rule 3, every petition for appeal to the Appellate Division shall pray for a certificate that: A) The appellant is innocent B) Either A or B C) The case involves a substantial question of law as to the interpretation of the Constitution D) The case is a fit one for appeal to the Appellate Division 34 / 50 Which section deals with 'Appeals from Orders' (as opposed to appeals from decrees)? A) Section 104 B) Section 103 C) Section 105 D) Section 106 35 / 50 Garnishee proceedings under Order 21 Rule 46A apply to: A) Both A and B B) Immovable property C) A debt (other than a debt secured by a mortgage or charge) D) Movable property not in possession of the judgment debtor 36 / 50 In a summary suit, how does the defendant's right to defend differ from an ordinary civil suit? A) They must enter an appearance and obtain the leave of the court to defend by showing triable issues B) They can file a counter-claim immediately without leave C) They cannot defend at all under any circumstances D) They have 120 days to file a written statement 37 / 50 Under Section 35A(2), does paying compensatory costs for a false claim exempt a person from criminal liability? A) Only if the amount exceeds 50,000 Taka B) Yes, if the Court specifically orders C) Yes D) No, he shall not be exempted 38 / 50 Who may administer an oath to a deponent for an affidavit under Section 139? A) Any Court or Magistrate B) An officer appointed by a Government-empowered Court C) All of the above D) An officer appointed by the Supreme Court 39 / 50 A suit for the partition of immovable property shall be instituted in the Court within whose local limits: A) The property is situate B) The defendant resides C) The plaintiff resides D) The contract was signed 40 / 50 Under Order XIII, Rule 9, any person, whether a party to the suit or not, desirous of receiving back any document produced by him in the suit and placed on the record shall be entitled to receive back the same: A) Never, it becomes Court property B) Before the suit is disposed of C) When the suit is one in which an appeal is not allowed, when the suit has been disposed of D) Only if he pays a fee 41 / 50 Which is the longest section in the CPC (English) dealing with exemptions from attachment? A) Section 60 B) Section 11 C) Section 10 D) Section 115 42 / 50 An application for setting aside an execution sale on the ground of fraud (Order XXI, Rule 90) can be made by: A) Only the auction purchaser B) Only the judgment-debtor C) Any person whose interests are affected by the sale D) Only the decree-holder 43 / 50 When a judgment-debtor dies before the decree is fully satisfied, it may be executed against (Section 50): A) His friends B) His legal representative C) The Government D) The Court 44 / 50 A judgment of a civil court must be pronounced: A) In open court, either at once or on a future specified date B) Through a newspaper publication only C) In the judge's private chambers secretly D) By the court clerk in the absence of the judge 45 / 50 According to Order I, Rule 1 of the CPC (English), who may be joined as plaintiffs in one suit? A) Persons having a right to relief arising out of different acts without common questions of law B) Only persons who have a joint interest in the property C) Persons having a right to relief arising out of the same act or transaction where a common question of law or fact would arise D) Any persons irrespective of their interest 46 / 50 Under Order XX, Rule 14, in a suit to enforce a right of pre-emption, if the purchase-money and the costs (if any) are not paid into Court within the specified time, the suit shall be: A) Dismissed with costs B) Referred to arbitration C) Decreed in favor of the plaintiff regardless D) Adjourned 47 / 50 Under Order 17 Rule 1, in Bangladesh, the Court typically shall not grant adjournments at the hearing stage more than: A) 6 times in total B) 3 times to each party C) 1 time D) Unlimited times 48 / 50 Under Order XIV, Rule 1, issues arise when a material proposition of fact or law is: A) Not mentioned in the pleadings B) Ignored by both parties C) Affirmed by the one party and denied by the other D) Admitted by both parties 49 / 50 Under Order XLI, Rule 5, an appeal shall not operate as a stay of proceedings under a decree or order appealed from, except so far as the Appellate Court may order. An application for stay requires the Court to be satisfied that: A) All of the above B) Substantial loss may result to the party applying for stay of execution C) The application has been made without unreasonable delay D) Security has been given by the applicant 50 / 50 An objection as to the place of suing will not be allowed by an appellate court unless there has been a consequent: A) Procedural error B) Monetary loss C) Failure of justice D) Delay Your score isThe average score is 58% 0% Send feedback Facebook X LinkedIn Pinterest Messenger Messenger WhatsApp Telegram Share via Email Print
