The Code of Civil Procedure Model Test

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বাংলাদেশ বার কাউন্সিল অ্যাডভোকেট তালিকাভুক্তি পরীক্ষা

The Code of Civil Procedure Model Test

অফিসিয়াল সিবিটি প্রিলিমিনারি মডেল টেস্ট • সেশন ২০২৬

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📜 পরীক্ষার্থীদের জরুরি নির্দেশনাবলী (ক্লিক করে পড়ুন)

পরীক্ষা শুরু করার সাথে সাথে উপরের ডিজিটাল স্টিকি টাইমার ঘড়ি চালু হবে।
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পরীক্ষা শেষে Submit / Finish বাটনে ক্লিক করলে তাৎক্ষণিক ওএমআর রেজাল্ট শিট ও ব্যাখ্যা দেখতে পাবেন।

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

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

A) Only to the Appellate Division

B) No

C) Only on a point of law

D) Yes

2 / 50

Examination-in-chief of a witness is now mostly given on affidavit (Order XVIII, Rule 4). What about cross-examination and re-examination?

A) They must also be on affidavit

B) They are not allowed

C) They must be done via email

D) They shall be taken orally either by the Court or by a Commissioner

3 / 50

Under Order IX, Rule 6(1)(a), if the plaintiff appears and the defendant does not appear when the suit is called, and it is proved that the summons was duly served, the Court may:

A) Dismiss the suit

B) Postpone the hearing

C) Proceed ex parte

D) Issue a second summons

4 / 50

When a judgment-debtor dies before the decree is fully satisfied, it may be executed against (Section 50):

A) The Government

B) His legal representative

C) His friends

D) The Court

5 / 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

6 / 50

Where the summons is for the final disposal of the suit, it shall direct the defendant to produce:

A) All witnesses upon whose evidence he intends to rely

B) His bank statements

C) A security deposit

D) All his relatives

7 / 50

Under Section 89A(11), if disputes are settled on compromise, the parties are entitled to a refund of court fees within:

A) 120 days

B) 60 days

C) 30 days

D) 90 days

8 / 50

Attachment of an agricultural produce is executed by affixing a copy of the warrant of attachment:

A) On the outer door of the judgment-debtor's house

B) On the land where such produce is growing

C) In the local newspaper

D) Both A and B

9 / 50

Does an order determining an application for compensation under Section 95 bar a subsequent suit for compensation?

A) Yes, it bars any separate suit for compensation

B) No, a separate suit can be filed

C) Only if the High Court orders

D) Only if the compensation awarded was less than 5,000 Taka

10 / 50

Recognized agents of parties by whom appearances, applications and acts may be made or done include:

A) A police officer

B) Persons holding powers-of-attorney

C) Any friend of the party

D) Any relative of the party

11 / 50

If the Court suo motu (on its own motion) feels that the presence of a person is necessary to effectively adjudicate all the questions involved in the suit, it can add such person as a party under which provision?

A) Order I, Rule 8

B) Order I, Rule 13

C) Order II, Rule 3

D) Order I, Rule 10(2)

12 / 50

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

A) To determine a case finally

B) To remand a case

C) All of the above

D) To take additional evidence

13 / 50

Can a mediator under Section 89A dictate the terms of compromise?

A) N/A

B) Yes

C) Cannot be determined

D) No, the mediator only facilitates

14 / 50

An application for "Review" under Order XLVII can be rejected without serving notice to the opposite party if:

A) The lawyer is late

B) The applicant pays a fine

C) It appears to the Court that there is not sufficient ground for a review

D) The opposite party is absent

15 / 50

Under Order XV, Rule 1, if at the first hearing it appears that the parties are not at issue on any question of law or of fact, the Court may:

A) Proceed to frame issues

B) Adjourn the hearing

C) Order for mediation

D) At once pronounce judgment

16 / 50

When a document is admitted in evidence in a suit, the Court shall endorse on it:

A) The name of the judge and their personal address

B) A warning to the opponent

C) The summary of the final judgment

D) The number and title of the suit, name of producing party, date, and a statement of it having been so admitted

17 / 50

Order I, Rule 8 deals with "Representative Suits". For such a suit to proceed, who must be given notice of the institution of the suit?

A) Only the defendants

B) All persons so interested (usually by public advertisement)

C) The Government

D) The Supreme Court

18 / 50

A decree may be sent for execution to another Court if the decree directs the sale of immovable property situate:

A) Inside its own limits

B) Within the High Court's original jurisdiction

C) Outside the local limits of the Court which passed it

D) Only in a foreign country

19 / 50

Can a suit be partly preliminary and partly final?

A) Yes

B) Cannot be determined

C) No

D) N/A

20 / 50

Section 136 of the CPC (English) deals with:

A) Procedure where person to be arrested or property to be attached is outside district

B) Exemption of certain women from personal appearance

C) Exemption of other persons from personal appearance

D) Arrest other than in execution of decree

21 / 50

Under Order VIII, Rule 6, a defendant can claim a set-off in a suit for the recovery of:

A) Injunction

B) Money

C) Specific moveable property

D) Immoveable property

22 / 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) 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

B) It is an oral statement

C) The lawyer advises it

D) They simply want to

23 / 50

Under Order VI, Rule 17, the Court may allow either party to alter or amend his pleadings:

A) Only at the appellate stage

B) At any stage of the proceedings

C) Only before the framing of issues

D) Only during the trial

24 / 50

An order granting or refusing a temporary injunction under Order XXXIX, Rule 1 or 2 is:

A) Not appealable

B) Appealable as an "Appeal from Order" (Miscellaneous Appeal) under Order XLIII, Rule 1

C) Appealable only to the Supreme Court

D) Subject only to review, not appeal

25 / 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) Wherever its goods are sold

C) At the place where its CEO resides

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

26 / 50

According to Order VIII, Rule 6A, a defendant in a suit may set up any right or claim in respect of a cause of action accruing to the defendant against the plaintiff as a:

A) Review petition

B) Revision

C) Counter-claim

D) Cross-appeal

27 / 50

According to Order V, Rule 20, "Substituted service" is ordered when:

A) The court believes the defendant is keeping out of the way to avoid service

B) The defendant is present in the court

C) The plaintiff requests it initially

D) The defendant lives within the court's jurisdiction

28 / 50

Under Section 95, a Court cannot award compensation exceeding:

A) Its pecuniary jurisdiction limits

B) 1,00,000 Taka

C) 50,000 Taka

D) 25,000 Taka

29 / 50

What happens to the attachment of property if the decree is fully satisfied by payment or the execution petition is dismissed?

A) The property belongs to the state

B) The attachment is deemed to be withdrawn/lifted automatically

C) The court sells it anyway to pay its own administrative fees

D) It remains attached permanently

30 / 50

Can a Magistrate administer an oath to a deponent for an affidavit under the CPC (English)?

A) No

B) Yes

C) Cannot be determined

D) N/A

31 / 50

The principle of "Departure" in pleadings (Order VI, Rule 7) prohibits a party from:

A) Leaving the courtroom during a hearing

B) Appealing the case

C) Changing their lawyer

D) Raising a new ground of claim or containing an allegation of fact inconsistent with their previous pleadings (except by way of amendment)

32 / 50

Under Order XXXVIII, Rule 5, where, at any stage of a suit, the Court is satisfied that the defendant is about to dispose of his property to obstruct or delay the execution of any decree, it may direct him to:

A) Leave the country

B) Furnish security or produce the property and place it at the disposal of the Court

C) Admit the claim

D) Go to jail

33 / 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 Revisional Court

C) The Appellate Court

D) The Supreme Court

34 / 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 Court of lowest grade

B) The District Magistrate

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

D) The High Court

35 / 50

Issues in a civil suit are framed by the court exactly when:

A) The plaintiff files the original plaint

B) A material proposition of fact or law is affirmed by one party and denied by the other

C) The defendant pays the required court fees

D) Both parties completely agree on a set of facts

36 / 50

Under Order XLI, Rule 21, where an appeal is heard ex parte and judgment is pronounced against the respondent, he may apply to the Appellate Court to re-hear the appeal if he satisfies the Court that:

A) He was busy at work

B) He forgot the date

C) He did not like the trial judge

D) The notice was not duly served or that he was prevented by sufficient cause from appearing

37 / 50

In a civil trial, if a party has fully closed their evidence, can they recall a witness who has already been examined?

A) Yes, but only if the opponent consents

B) No, under no circumstances

C) Yes, as a matter of absolute right

D) No, unless the Court in its discretion allows it at any stage under Order XVIII, Rule 17

38 / 50

Under Section 60, what portion of the salary of a judgment-debtor is generally exempt from attachment in execution of a normal money decree?

A) Half of the salary

B) Only 10%

C) The first portion (as statutorily fixed) and two-thirds of the remainder

D) The entire salary

39 / 50

A foreign State may sue in any Court in Bangladesh provided that (Section 84):

A) The object of the suit is to enforce a public right

B) It has a consulate in Dhaka

C) The State has been recognized by the Government and the object is to enforce a private right

D) It pays double court fees

40 / 50

If a property is sold in an execution auction, who has the right to apply under Order XXI, Rule 89 to set aside the sale by depositing the decree amount plus 5% penalty?

A) Only the decree-holder

B) Any person claiming an interest in the property sold at the time of the sale or at the time of making the application, or acting for or in the interest of such person

C) Only the auction purchaser

D) Only the judge

41 / 50

Under Order IX, Rule 13, against an ex parte decree, the defendant has the following remedies except:

A) Filing a fresh suit on the same cause of action to cancel the decree

B) A review application under Order XLVII, Rule 1

C) An appeal under Section 96(2)

D) An application under Order IX, Rule 13 to set it aside

42 / 50

What is the primary purpose of delivering "interrogatories" to an opposite party?

A) To present final arguments to the judge

B) To harass and intimidate the opposite party

C) To discover the facts and nature of the opponent's case or to obtain admissions to support one's own case

D) To deliberately delay the trial proceedings

43 / 50

Section 119 prevents unauthorized persons from addressing the High Court Division in the exercise of its:

A) Constitutional jurisdiction

B) Original civil jurisdiction

C) Revisional jurisdiction

D) Appellate jurisdiction

44 / 50

According to Order XXI, Rule 69, the Court or the officer conducting a sale may, in his discretion:

A) Give the property for free

B) Cancel the decree

C) Adjourn the sale

D) Change the decree-holder

45 / 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) 7th day from the sale

B) 30th day from the sale

C) Same day

D) 15th day from the sale

46 / 50

In a suit by or against the Government, the authority to be named as plaintiff or defendant shall be (Section 79):

A) The President

B) The Attorney General

C) The Prime Minister

D) Bangladesh

47 / 50

Under Order VII, Rule 10, a plaint shall at any stage of the suit be returned to be:

A) Amended by the plaintiff at home

B) Presented to the Court in which the suit should have been instituted

C) Kept in the court records permanently

D) Dismissed outright

48 / 50

According to Explanation VII to Section 11 of the CPC (English), the provisions of Res Judicata shall apply to:

A) Arbitration proceedings

B) Administrative proceedings

C) Criminal proceedings

D) Execution proceedings

49 / 50

Section 9 of the CPC (English) states that Courts have jurisdiction to try all civil suits EXCEPT:

A) Suits where the right to property is contested

B) Suits relating to religious rites

C) Suits between foreign nationals

D) Suits of which their cognizance is either expressly or impliedly barred

50 / 50

The decree must agree with the judgment. What does a decree formally express?

A) The behavior of the lawyers during the trial

B) The relief granted or other final determination of the suit

C) The detailed reasoning of the judge

D) The summary of all oral evidence

The average score is 35%

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