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 Under Order II, Rule 4, no cause of action shall, unless with the leave of the Court, be joined with a suit for the recovery of: A) Intellectual property B) Immoveable property C) Moveable property D) Money 2 / 50 Order 40 Rule 1 empowers the Court to appoint a Receiver: A) Before the decree only B) Only in partition suits C) After the decree only D) Either before or after decree 3 / 50 Under Section 55, when a judgment-debtor is arrested in execution of a money decree and brought before the Court, the Court shall inform him that he may: A) Transfer his property to his wife B) Apply to be declared an insolvent C) Leave the country D) Appeal the original decree immediately 4 / 50 Can an appeal be filed against an order rejecting an application for review? A) Yes, if it involves a question of law B) No, it is not appealable (Order 47 Rule 7) C) Yes, always D) Yes, with High Court's permission 5 / 50 Section 64 states that any private alienation of property after attachment shall be: A) Subject to a 10% penalty B) Void as against all claims enforceable under the attachment C) Valid if registered D) Voidable by the judgment-debtor 6 / 50 Under Section 147, consent or agreement by a person under disability (e.g., minor) is valid if given by the next friend/guardian: A) Notarized by a lawyer B) It is never valid C) With the parents' oral permission D) With the express leave of the Court 7 / 50 In suits involving a Public Nuisance, a suit for declaration and injunction can be instituted by the Attorney General, or by: A) Any single individual without permission B) Two or more persons, with the leave of the Court C) The Prime Minister D) The local police 8 / 50 The Court executing a transferred decree has the power to (Section 42): A) Arrest without warrant B) Change the judgment C) Retry the whole case D) Punish all persons disobeying or obstructing the execution 9 / 50 When a decree is transferred to another court for execution, the executing court has the power to: A) Hear appeals against the decree B) Arrest the original judge C) Execute the decree as if it had been passed by itself D) Completely change the decree 10 / 50 If a person disobeys a temporary injunction order, what penalty can the court impose under Order XXXIX? A) Death penalty B) Cancellation of their citizenship C) Attachment of their property and detention in civil prison D) Suspension of their driver's license 11 / 50 Can a defendant file a pleading subsequent to the written statement without the express leave of the court? A) No, under no circumstances B) Yes, at any time before the final argument C) No, except by way of defence to a set-off or counter-claim D) Yes, if the plaintiff's lawyer has no objection 12 / 50 An adjournment under Order XVII, Rule 1 is granted based on: A) The wealth of the parties B) "Sufficient cause" being shown C) Random selection D) The wish of the lawyers 13 / 50 An attachment under a precept shall not continue for more than two months UNLESS (Section 46): A) Neither A nor B B) The decree has been transferred and the decree-holder has applied for sale C) Both A and B D) The period is extended by the Court which passed the decree 14 / 50 "Reference" under the Civil Procedure Code refers to: A) A subordinate court referring a doubtful question of law to the High Court Division for its opinion B) Using a reference book during trial arguments C) Referring a case to a private mediator D) A lawyer referring a complicated case to another lawyer 15 / 50 Does "Government Pleader" include any pleader acting under the directions of the Government Pleader? A) No B) Yes C) Only in criminal cases D) Only if authorized by the District Judge 16 / 50 Under Order XXXV, Rule 1, in every suit of interpleader the plaint shall, in addition to other statements, state: A) That the plaintiff is a minor B) That the plaintiff claims full ownership C) That the plaintiff is bankrupt D) That the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs 17 / 50 Order XXII deals with Death, Marriage, and Insolvency of parties. The "right to sue" generally does NOT survive in cases of: A) Recovery of money B) Property disputes C) Personal injuries or defamation (Actio personalis moritur cum persona) D) Breach of commercial contract 18 / 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) Diplomatic envoys B) Amicus Curiae C) Recognized agents D) Public Officers 19 / 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) 6% interest is automatically applied B) The Court shall be deemed to have refused such interest C) The plaintiff can claim it in execution D) A separate suit must be filed 20 / 50 Under Section 13, a foreign judgment shall NOT be conclusive if: A) It has been pronounced by a Court of competent jurisdiction B) It has been given on the merits of the case C) It has been obtained by fraud D) It follows natural justice 21 / 50 Under Order XL, Rule 4, if a receiver fails to submit his accounts or fails to pay the amount due from him, the Court may direct his property to be: A) Given to the plaintiff B) Attached and sold C) Kept in the court room D) Donated 22 / 50 Under Order XXXII, Rule 12, a minor plaintiff on attaining majority shall: A) Have the suit automatically dismissed B) Elect whether he will proceed with the suit or application C) Pay a new court fee D) Be forced to settle the case 23 / 50 "Caveat Emptor" (let the buyer beware) applies to execution sales. This means there is generally no implied warranty of: A) Location of property B) Title in court auction sales C) Stamp duty D) Time of sale 24 / 50 Suits relating to public charities (Section 92) are instituted in the: A) Court of Small Causes B) High Court Division C) Principal Civil Court of original jurisdiction D) Appellate Division 25 / 50 A suit brought by a person having no right to sue, merely to harass the defendant, can be tackled by awarding 'Compensatory Costs in respect of false or vexatious claims or defences' under: A) Section 36 B) Section 35A C) Section 35 D) Section 35B 26 / 50 Order XX, Rule 14 deals with the decree in a suit for: A) Defamation B) Divorce C) Pre-emption D) Insolvency 27 / 50 "Substituted Service" under Order V, Rule 20 is effective from: A) The date the plaintiff informs the defendant verbally B) The date of the next hearing C) The date the defendant finally sees it D) The date it is published or affixed, as directed by the Court 28 / 50 Can an Appellate Court remand a case (send it back for retrial) if it feels the lower court omitted to frame an essential issue? A) No, it must try the issue itself using witnesses B) No, it must dismiss the appeal C) Yes, under Order XLI, Rule 25, it may frame the issues and refer them for trial to the lower court D) Yes, but only with the consent of the High Court 29 / 50 Under Order XLVI, Rule 3, when a case is referred to the High Court Division under this Order, the Court making the reference shall, on receiving the copy of the judgment of the High Court Division: A) Ignore it B) Appeal to the Supreme Court C) Proceed to dispose of the case in conformity with the decision of the High Court Division D) Order a retrial 30 / 50 Under Order 1 Rule 8 of CPC (English), one person may sue or defend on behalf of all in the same interest. This is known as a: A) Representative suit B) Public Interest Litigation C) Interpleader suit D) Proxy suit 31 / 50 How is every civil suit formally instituted? A) By filing a first information report (FIR) B) By making an oral complaint to the judge C) By presenting a plaint to the Court or an appointed officer D) By issuing a legal notice to the opposite party 32 / 50 Section 105 states that any error in an interlocutory order affecting the decision of the case: A) Makes the final decree void B) May be set forth as a ground of objection in the memorandum of appeal against the decree C) Must be appealed within 30 days D) Can never be appealed 33 / 50 Under Order XXIV, Rule 1, the defendant may deposit in Court such sum of money as they consider a satisfaction in full of the plaintiff's claim. What is the effect on 'interest' if the plaintiff accepts it? A) No effect B) The plaintiff must pay interest to the defendant C) Interest on the deposited sum ceases to run from the date of notice of the deposit D) Interest doubles 34 / 50 An "Appeal from Order" (Miscellaneous Appeal) under Order XLIII lies against an order: A) Summarily dismissing a suit on merits B) Granting a final decree in a partition suit C) Recording the statements of a witness D) Granting or refusing a temporary injunction under Order XXXIX 35 / 50 According to Order IX, Rule 4, where a suit is dismissed under rule 2 or rule 3 (neither party appears), the plaintiff may: A) Not bring a fresh suit B) Only file an appeal C) Bring a fresh suit or apply for an order to set the dismissal aside D) File a revision petition 36 / 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) Recording a statement to that effect B) Taking permission from the High Court C) Getting consent of both parties D) Asking the District Judge 37 / 50 Summonses issued by a Civil or Revenue Court outside Bangladesh can be served in Bangladesh under Section 29 if: A) The Supreme Court allows it B) The defendant consents C) The foreign court sends it through Interpol D) The Government declares it applicable by notification 38 / 50 If a suit is instituted in a court having no jurisdiction, the proper order the court should pass is: A) Stay of suit B) Dismissal of suit C) Rejection of plaint D) Return of plaint 39 / 50 A civil suit instituted by a minor must be filed in their name through an adult person known as: A) The amicus curiae B) The receiver C) The guardian ad litem D) The next friend 40 / 50 If a decree is for an amount NOT exceeding fifty Taka, the maximum detention period is (Section 58): A) Six weeks B) One year C) Three months D) Six months 41 / 50 Under Section 24(3), Courts of Additional and Assistant Judges shall be deemed to be subordinate to the: A) High Court Division B) Court of Small Causes C) Supreme Court D) District Court 42 / 50 According to Section 99, no decree shall be reversed or remanded on account of: A) Any error or irregularity NOT affecting the merits of the case or the jurisdiction of the Court B) Fraud by the plaintiff C) Lack of pecuniary jurisdiction D) Lack of territorial jurisdiction 43 / 50 If a witness is present in court, but refuses to give evidence or produce a document without a lawful excuse, the Court may under Order XVI, Rule 20: A) Send them home B) Pronounce judgment against them or make such order as it thinks fit C) Ignore them D) Pay them more money 44 / 50 Order XXVII sets the procedure for suits involving the Government. No execution shall generally be issued against the Government unless the decree remains unsatisfied for a specific period (often computed as months). This protection is essentially provided by: A) Section 115 B) Section 151 C) Section 10 D) Section 82 45 / 50 Under Section 94, in order to prevent the ends of justice from being defeated, the Court may, if it is so prescribed: A) Issue a warrant to arrest the defendant and bring him before the Court B) Grant a temporary injunction C) Direct the defendant to furnish security D) All of the above 46 / 50 Order XXV deals with Security for Costs. The Court may order the plaintiff to furnish security for costs primarily when: A) The plaintiff is a minor B) The plaintiff is extremely rich C) The defendant demands it randomly D) The plaintiff resides out of Bangladesh and does not possess sufficient immovable property within Bangladesh 47 / 50 Can the court issue a commission to examine a person who is exempted from attending court (e.g., due to severe sickness or infirmity)? A) No, their evidence is discarded B) Only if the Supreme Court orders it C) Yes, the court may issue a commission for their examination at their residence D) Only if they live in another country 48 / 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) Unnecessary or scandalous B) Written in English C) Necessary for the trial D) Supported by strong evidence 49 / 50 Can a Court which passed a decree send it for execution to another Court of its own motion (Section 39)? A) No, it must be executed locally B) Yes, to any subordinate Court of competent jurisdiction C) Yes, but only to the High Court D) No, only on application of the decree-holder 50 / 50 According to Order XVIII, Rule 2, the party having the right to begin shall state his case and produce his evidence in support of: A) Only issues of law B) The issues the other party is bound to prove C) Issues not framed by the court D) The issues which he is bound to prove Your score isThe average score is 0% 0% Send feedback Facebook X LinkedIn Pinterest Messenger Messenger WhatsApp Telegram Share via Email Print