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 According to Order XXI, Rule 58, if any claim is preferred to, or any objection is made to the attachment of, any property attached in execution of a decree, the Court shall: A) Proceed to adjudicate upon the claim or objection B) Reject the claim immediately C) Sell the property D) Refer it to a mediator 2 / 50 Suits claiming a declaration that trust property be let, sold, or mortgaged (public charities) requires institution under: A) Section 151 B) Section 92 C) Section 115 D) Section 10 3 / 50 Who is NOT eligible for appointment as a mediator under Section 89A? A) A person holding an office of profit in the service of the Republic B) A retired judge C) A Legal Aid Officer D) An engaged pleader of the parties 4 / 50 Under Order II, Rule 6, where it appears to the Court that the joinder of causes of action in one suit may embarrass or delay the trial or is otherwise inconvenient, the Court may: A) Force the parties to settle B) Dismiss the suit C) Order separate trials D) Arrest the plaintiff 5 / 50 Does Section 132 entirely exempt such women from arrest in execution of a civil process? A) Only in commercial suits B) Yes, if they are above 50 years old C) Yes, completely D) No, unless arrest is otherwise prohibited by the Code 6 / 50 Under Order XXXVIII, Rule 9, where an order is made for attachment before judgment, the Court shall order the attachment to be withdrawn when: A) The suit is dismissed B) The defendant furnishes the security required C) Only when the plaintiff agrees D) Both A and B 7 / 50 During the first hearing, the Court examines the parties under Order X to: A) Record the cross-examination B) Ascertain what matters are exactly in dispute (admissions and denials) C) Assess the court fees D) Pass a final judgment immediately 8 / 50 Under Order XLI, Rule 27, the parties to an appeal shall not be entitled to produce additional evidence in the Appellate Court unless: A) It is an oral statement B) The lawyer advises it C) The Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or the Appellate Court requires it D) They simply want to 9 / 50 A minor defendant is represented in a suit by a: A) Next friend B) Amicus curiae C) Public prosecutor D) Guardian ad litem (Appointed by the court under Order 32 Rule 3) 10 / 50 Under Order VI, Rule 16, the Court may order to be struck out or amended any matter in any pleading which may be: A) Supported by strong evidence B) Written in English C) Unnecessary or scandalous D) Necessary for the trial 11 / 50 Under Order XXVI, Rule 10, the proceedings and report in writing of the Commissioner shall be: A) Discarded B) Evidence in the suit and shall form part of the record C) Sent to the police D) Published in a newspaper 12 / 50 What is the maximum statutory period typically allowed for a defendant to file a written statement after the service of summons? A) 120 days B) 30 working days (extendable up to 60 working days by the court) C) 15 working days D) 90 days 13 / 50 Under Order XXV, Rule 1, at any stage of a suit, the Court may order the plaintiff to give security for the payment of: A) The defendant's business losses B) All costs incurred and likely to be incurred by any defendant C) The witness's family expenses D) The judge's salary 14 / 50 For the purpose of Place of Suing, where is a Corporation deemed to carry on business (Section 20, Explanation II)? A) At the place where its CEO resides B) In Dhaka only C) At its sole/principal office, or where cause of action arises at a subordinate office D) Wherever its goods are sold 15 / 50 What happens if the plaintiff appears but the defendant fails to appear despite the summons being duly served in time? A) A new summons is automatically issued B) The suit is dismissed C) The court proceeds ex parte against the defendant D) The plaintiff is asked to withdraw the suit 16 / 50 Under Section 96(3), an appeal shall NOT lie from a decree passed: A) By a Joint District Judge B) With the consent of parties C) In an interpleader suit D) Ex parte 17 / 50 Under Order XLI, Rule 27, the parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court unless: A) The Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment B) All of the above C) For any other substantial cause D) The Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted 18 / 50 Under Section 148 of the CPC (English) (as amended in Bangladesh), the Court can extend any time fixed or granted by it for doing an act by a maximum total period of: A) 15 days B) 60 days C) 90 days D) 30 days 19 / 50 Under Section 2(2) of the CPC (English), which of the following is NOT included in the definition of a "decree"? A) Any order of dismissal for default B) Preliminary decree C) The rejection of a plaint D) Determination of any question within section 144 20 / 50 Which of the following is NOT a material from which a court typically frames issues? A) Rumors reported in local newspapers B) Allegations made on oath by the parties or their pleaders C) Allegations made in the pleadings (plaint and written statement) D) Contents of documents produced by parties 21 / 50 Order XXI, Rule 46 deals with the attachment of a debt not secured by a negotiable instrument. This process is commonly known as: A) Subrogation B) Garnishee proceedings C) Pre-emption D) Restitution 22 / 50 The "Inherent Powers" of the Court under Section 151 of the CPC (English) are: A) Newly created powers by this section B) Powers strictly limited to granting injunctions C) Powers saved by this section to make orders necessary for the ends of justice or to prevent abuse of the process of the Court D) Powers used to override express provisions of the CPC (English) 23 / 50 Which is the longest section in the CPC (English) dealing with exemptions from attachment? A) Section 60 B) Section 115 C) Section 10 D) Section 11 24 / 50 Under Order XI, Rule 14, the Court may order the production of documents which are in the possession or power of: A) The local police station B) Any third party stranger C) The Government only D) Any party to the suit, relating to any matter in question 25 / 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) Approve it blindly B) Take such report into consideration C) Publish it in newspapers first D) Ask the Parliament 26 / 50 Under Order XXIII, Rule 1, a plaintiff may withdraw his suit with the liberty to institute a fresh suit on the same cause of action only if: A) The Court grants permission because the suit must fail by reason of some formal defect or sufficient grounds B) He feels he is losing C) The lawyer changes D) The defendant requests it 27 / 50 Disobedience or breach of a temporary injunction granted under Order 39 can lead to: A) Detention in the civil prison for a term not exceeding six months B) Both A and B C) Only a warning D) Attachment of the property of the person guilty 28 / 50 In a civil trial, if a party has fully closed their evidence, can they recall a witness who has already been examined? A) No, under no circumstances B) No, unless the Court in its discretion allows it at any stage under Order XVIII, Rule 17 C) Yes, as a matter of absolute right D) Yes, but only if the opponent consents 29 / 50 A "Second Appeal" under Section 100 lies to the High Court Division from a decree passed in appeal by a subordinate Court if the High Court Division is satisfied that the case involves a: A) Question of morality B) Substantial question of law C) Substantial question of fact D) Dispute over court fees 30 / 50 Under Section 60 of the CPC (English), which of the following can be attached in execution of a decree? A) Tools of artisans B) Promissory notes C) Necessary wearing apparel D) Right of personal service 31 / 50 Section 151 limits the inherent power of the Court. A) N/A B) True C) N/A D) False 32 / 50 Under Section 32, what is the maximum fine a Court can impose to compel the attendance of a witness? A) 1000 Taka B) 5000 Taka C) 500 Taka D) 100 Taka 33 / 50 Who prepares the panel of mediators under Section 89A(10)? A) The District Judge in consultation with the President of the District Bar Association B) The Chief Justice C) The Attorney General D) The Ministry of Law 34 / 50 Under Order III, Rule 4, no pleader shall act for any person in any Court, unless he has been appointed for the purpose by such person by a: A) Document in writing signed by such person or by his recognized agent B) Text message C) Oral instruction D) Phone call 35 / 50 In a suit against a public officer for his official act, what is the mandatory notice period before instituting the suit (Section 80)? A) Six months B) One month C) Three months D) Two months 36 / 50 Where a plaintiff appears and the defendant does not appear, and it is proved that the summons was duly served, the Court may proceed: A) De novo B) To dismiss the suit C) Ex-parte (under Order 9 Rule 6) D) To arrest the defendant 37 / 50 Under Order XI, Rule 1, the plaintiff or defendant may deliver interrogatories in writing for the examination of the opposite parties within: A) Thirty days from the date of framing of issues B) Ten days from the date of framing of issues C) Fifteen days from the date of framing of issues D) Five days from the date of framing of issues 38 / 50 Who generally has the "right to begin" the presentation of evidence in a civil suit? A) The Court Clerk B) The Defendant C) The Government Pleader D) The Plaintiff 39 / 50 A foreign judgment obtained by fraud is: A) Conclusive B) Not conclusive C) N/A D) N/A 40 / 50 Does an appeal lie from an order passed in appeal (Section 104)? A) No B) Yes, always C) Yes, if the amount exceeds 20,000 Taka D) Only to the Appellate Division 41 / 50 Under Order XXI, Rule 85, the full amount of purchase-money payable for immovable property shall be paid by the purchaser into Court before the Court closes on the: A) 15th day from the sale B) 7th day from the sale C) Same day D) 30th day from the sale 42 / 50 In a suit for foreclosure (Order XXXIV, Rule 2), the preliminary decree declares the amount due and gives the mortgagor time to pay. If they fail, the mortgagee can apply for a: A) Arrest warrant B) Fresh suit C) Summary judgment D) Final decree debarring the mortgagor from all rights to redeem the property 43 / 50 Under Order XIV, Rule 4, where the Court is of opinion that the issues cannot be correctly framed without the examination of some person not before the Court, it may: A) Proceed without framing issues B) Dismiss the suit C) Ask the police to investigate D) Adjourn the framing of issues to a future day 44 / 50 An application to the High Court Division for revision of a revisional order made by the District Judge requires (Section 115(4)): A) A deposit of 10,000 Taka B) The consent of the Attorney General C) Leave granted by the HCD on an error of an important question of law D) A minimum property value of 50,000 Taka 45 / 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) Reference C) Restitution D) Remand 46 / 50 Postage chargeable on a notice/summons forwarded by post must be paid (Section 143): A) After the case ends B) By the defendant upon receipt C) Within a time to be fixed before the communication is made D) By the postal department 47 / 50 Order 9 Rule 4 of the CPC (English) applies when a suit is dismissed because neither party appeared. The plaintiff may: A) Apply for an order to set the dismissal aside B) Only appeal C) Bring a fresh suit (subject to limitation) D) Either A or B 48 / 50 Under Section 148A, if a caveat has been lodged, and an application is filed in a suit or proceeding, the Court MUST serve a notice of the application on the: A) Government B) Plaintiff C) Caveator D) Police 49 / 50 A "Next Friend" or Guardian ad litem must not have an interest in the suit that is: A) Neutral B) Adverse to that of the minor C) Unknown D) Favorable to the minor 50 / 50 If an application or written objection is NOT filed within the time fixed by the Court, the maximum cost for admitting it is (Section 35B): A) 1,000 Taka B) 5,000 Taka C) 3,000 Taka D) 2,000 Taka Your score isThe average score is 35% 0% Send feedback Facebook X LinkedIn Pinterest Messenger Messenger WhatsApp Telegram Share via Email Print