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 A plaintiff wishes to withdraw a suit because the parties have compromised out of court. Which provision applies? A) Order I, Rule 10 B) Order XXIII, Rule 1 C) Order XVII, Rule 3 D) Order IX, Rule 4 2 / 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) 2,000 Taka B) 5,000 Taka C) 1,000 Taka D) 3,000 Taka 3 / 50 Under Order XI, Rule 1, the plaintiff or defendant may deliver interrogatories in writing for the examination of the opposite parties within: A) Five days from the date of framing of issues B) Fifteen days from the date of framing of issues C) Thirty days from the date of framing of issues D) Ten days from the date of framing of issues 4 / 50 Can a tenant of immovable property sue a Foreign Ruler from whom he holds the property without Government consent (Section 86)? A) No B) Only for rent adjustments C) Only if the lease is over 99 years D) Yes 5 / 50 Under Section 2(11), a "legal representative" includes: A) Any person who intermeddles with the estate of the deceased B) A court-appointed receiver C) The deceased's lawyer D) A neighbor who pays the funeral expenses 6 / 50 Under Order XII, Rule 6, judgment on admissions can be passed: A) Only upon application by the defendant B) Upon application of any party or of the Court's own motion C) Only after evidence is closed D) Only upon application by the plaintiff 7 / 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) Public Officers B) Amicus Curiae C) Recognized agents D) Diplomatic envoys 8 / 50 Costs for causing delay (Section 35B) is typically awarded when a party: A) Both A and B B) Wins the case C) Obtains an adjournment for taking such step D) Fails to take a step which he was required by or under the Code to take on that date 9 / 50 A "Precept" under Section 46 of the CPC (English) is: A) An order from one court to another to attach the property of a judgment-debtor located in the latter's jurisdiction B) A moral lesson given by the judge C) A warning to a witness D) An order to dismiss a suit 10 / 50 A foreign judgment obtained by fraud is: A) Conclusive B) N/A C) N/A D) Not conclusive 11 / 50 Under Section 94, in order to prevent the ends of justice from being defeated, the Court may: A) Grant a temporary injunction B) All of the above C) Issue a warrant to arrest the defendant D) Direct the defendant to furnish security 12 / 50 Under Order XVIII, Rule 17, the Court may at any stage of a suit recall any witness who has been examined and: A) Ask him to rewrite his affidavit B) Punish him C) Put such questions to him as the Court thinks fit D) Order him to pay costs 13 / 50 If a plaintiff abandons a suit or withdraws a claim without the permission of the court to file a fresh suit, what is the consequence? A) They must pay a fine to the state B) They can file a fresh suit anytime without issue C) They can appeal the withdrawal to a higher court D) They are precluded from instituting any fresh suit in respect of the same subject matter 14 / 50 Under Order XXXII, Rule 1, every suit by a minor shall be instituted in his name by a person who in such suit shall be called the: A) Amicus curiae B) Next friend C) Recognized agent D) Guardian ad litem 15 / 50 Section 142 mandates that all orders and notices served under the CPC (English) shall be: A) Verbal B) In writing C) Acknowledged via affidavit D) Published in a newspaper 16 / 50 "Mesne profits" include interest on such profits but do NOT include profits due to: A) Improvements made by the person in wrongful possession B) The wrongful possession itself C) Rent collection D) Ordinary diligence 17 / 50 For the purpose of making an arrest in execution of a decree, a dwelling-house shall NOT be entered (Section 55): A) After sunset and before sunrise B) Without a police escort C) Before 8 AM D) On a weekend 18 / 50 Under Order VIII, Rule 1(1), the defendant shall present a written statement of his defence within how many working days from the date of service of summons? A) 15 working days B) 60 working days C) 45 working days D) 30 working days 19 / 50 What is the maximum compensatory cost a Court can award for false or vexatious claims under Section 35A? A) 50,000 Taka B) 25,000 Taka C) 10,000 Taka D) 1,00,000 Taka 20 / 50 Under Order XVIII, Rule 3, where there are several issues, the burden of proving some of which lies on the other party, the party beginning may, at his option: A) Produce his evidence on those issues or reserve it by way of answer to the evidence produced by the other party B) Ask for a summary judgment C) Shift the burden of proof D) Refuse to produce any evidence 21 / 50 How is "mesne profits" defined under Section 2(12)? A) Profits earned by a legal representative B) Profits due to improvements made by the person in wrongful possession C) Profits which the person in wrongful possession actually received or might have received, plus interest D) The principal amount of property value 22 / 50 If a person to be arrested or property to be attached is outside the district, the Court issues a warrant/order and sends a copy to (Section 136): A) The local Police Station B) The District Court within whose jurisdiction the person/property resides/is situate C) The Border Guard Bangladesh D) The High Court Division 23 / 50 Does Part IX (Sections 116-120) apply to all Civil Courts? A) No, it applies only to the High Court Division B) Only to Small Cause Courts C) Yes D) Only to District Courts 24 / 50 Under Order XLI, Rule 23, where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate Court may: A) Remand the case B) Dismiss the suit C) Keep the case pending forever D) Arrest the trial judge 25 / 50 If a temporary injunction order is violated, the court may attach the property of the violator and order civil imprisonment up to: A) 15 days B) 1 month C) 2 years D) 6 months 26 / 50 An application for execution of a decree (other than for mandatory injunction) generally must be made within how many years under the Limitation Act? A) 12 years B) 6 years C) 1 year D) 3 years 27 / 50 Does the CPC (English) affect any right of appeal which had accrued to any party at its commencement (Section 154)? A) No, it saves them B) N/A C) Yes, it cancels them D) N/A 28 / 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) Plaintiff B) Caveator C) Police D) Government 29 / 50 According to Order XX, Rule 6(2), the decree shall specify clearly the: A) Relief granted or other determination of the suit B) Evidence presented C) Arguments of the lawyers D) Questions asked during cross-examination 30 / 50 Order XX, Rule 12A deals with the decree for specific performance of a contract for the sale or lease of immovable property. It directs that the decree shall specify: A) The criminal liability of the defendant B) The lawyer's fees C) The period within which the purchase-money or other sum is to be paid by the purchaser or lessee D) The names of the witnesses 31 / 50 An appeal lies from an order under Section 95 (compensatory costs for false grounds). A) N/A B) True C) False D) N/A 32 / 50 Disobedience or breach of a temporary injunction granted under Order 39 can lead to: A) Only a warning B) Attachment of the property of the person guilty C) Both A and B D) Detention in the civil prison for a term not exceeding six months 33 / 50 No suit shall be maintained against a certified purchaser on the ground that the purchase was made on behalf of the plaintiff. This is known as the bar against 'Benami' purchase under: A) Section 74 B) Section 66 C) Section 64 D) Section 65 34 / 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) Direct the defendant to furnish security C) All of the above D) Grant a temporary injunction 35 / 50 The rules made by the Rule Committee may provide for which of the following matters (Section 128)? A) Service of summonses by post B) All of the above C) Procedure by way of originating summons D) Consolidation of suits 36 / 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) Yes, if they were individually served with summons as a partner and admitted or were adjudged to be a partner B) Yes, automatically in all cases C) Only if the partner is the majority shareholder D) No, never 37 / 50 By how many days can the Court extend the time for mediation? A) 15 days B) 60 days C) 45 days D) 30 days 38 / 50 Under Order 21 Rule 97, if the holder of a decree for the possession of immovable property is resisted or obstructed by any person, he may make an application to the Court complaining of such resistance within: A) 30 days B) 15 days C) 60 days D) 90 days 39 / 50 A judgment shall contain: A) A concise statement of the case B) The points for determination C) The decision thereon and the reasons for such decision D) All of the above 40 / 50 Order X, Rule 2 empowers the Court to examine parties orally. This power is: A) Intended to clarify pleadings and elucidate matters in controversy B) Only applicable to witnesses, not parties C) Used to pass a final decree immediately D) To be used at the end of the trial 41 / 50 Under Section 135A, a Member of Parliament is exempt from civil arrest during a session and for how many days before and after such meeting? A) 21 days B) 7 days C) 30 days D) 14 days 42 / 50 Against an ex parte decree, which of the following is NOT a direct legal remedy available to the defendant? A) Applying for a review of the judgment B) Applying to the same court to set aside the ex parte decree C) Filing a regular appeal against the decree D) Filing a fresh suit to cancel the decree (unless fraud is proved) 43 / 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 dismiss the appeal B) Yes, under Order XLI, Rule 25, it may frame the issues and refer them for trial to the lower court C) Yes, but only with the consent of the High Court D) No, it must try the issue itself using witnesses 44 / 50 A memorandum of appeal must strictly be accompanied by: A) The entire trial court physical record B) A fresh plaint stating the cause of action again C) Affidavits of all witnesses from the lower court D) A copy of the decree appealed from and (usually) the judgment 45 / 50 Under Order XLI, Rule 23, where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate Court may: A) Transfer the case to a different country B) Remand the case C) Arrest the trial judge D) Dismiss the suit 46 / 50 What is the legal effect on a pending suit if a sole plaintiff dies but the "right to sue" survives? A) The suit permanently abates B) The defendant is arrested C) The suit is automatically decreed in favor of the deceased D) The suit shall not abate, and the legal representative can be brought on record to continue 47 / 50 A "summary procedure" under CPC (English) is specifically designed for the speedy recovery of money based on: A) Claims for defamation B) Unwritten verbal agreements C) Complex inheritance disputes D) Bills of exchange, hundies, and promissory notes 48 / 50 Generally, no appeal lies from any order made by a Court in the exercise of its original or appellate jurisdiction, save as otherwise expressly provided. A) N/A B) False C) N/A D) True 49 / 50 An expectancy of succession by survivorship is: A) Attachable B) N/A C) Exempt from attachment D) N/A 50 / 50 According to Section 96(3) of the CPC (English), no appeal shall lie from a decree passed by the Court: A) In a partition suit B) Ex-parte C) Against a minor D) With the consent of the parties (Consent Decree) Your score isThe average score is 35% 0% Send feedback Facebook X LinkedIn Pinterest Messenger Messenger WhatsApp Telegram Share via Email Print
