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 XLVII, Rule 7, an order of the Court rejecting an application for review is: A) Appealable with special leave B) Not appealable C) Appealable D) Subject to second appeal 2 / 50 Under Order V, Rule 9, where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that jurisdiction, the summons shall be served: A) Only by registered post B) By the police C) By the plaintiff himself D) By a proper officer of the Court 3 / 50 How is every civil suit formally instituted? A) By issuing a legal notice to the opposite party B) By filing a first information report (FIR) C) By presenting a plaint to the Court or an appointed officer D) By making an oral complaint to the judge 4 / 50 Under Section 30, the Court may order the delivery and answering of: A) Decrees B) Summons only C) Interrogatories D) Precepts 5 / 50 An expectancy of succession by survivorship is: A) Attachable B) Exempt from attachment C) N/A D) N/A 6 / 50 The "Burden of Proof" regarding the issues framed under Order XIV generally lies on the party who: A) Asserts the affirmative of the issue B) Denies the fact C) Is the poorest D) Is the defendant 7 / 50 In a suit for recovery of possession of immovable property and for rent or mesne profits, the Court may pass a: A) Final decree B) Both A and B (Preliminary for mesne profit inquiry, Final later) C) Preliminary decree D) Either A or B 8 / 50 Under Section 10, the "Stay of Suit" principle applies if the previously instituted suit is pending in: A) Any Court in Bangladesh or beyond its limits established/continued by the Govt having jurisdiction B) An arbitration tribunal C) A foreign court outside Bangladesh's authority D) A police station 9 / 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 10 / 50 Rules made under the Rule Committee and Supreme Court are subject to the previous approval of (Section 126): A) The Attorney General B) The President C) The Prime Minister D) The Parliament 11 / 50 Section 137(1) states that the language of any Court subordinate to the High Court Division shall continue to be the language of such Court until: A) The District Judge changes it B) The Parliament passes a new law C) The Government otherwise directs D) The Supreme Court directs otherwise 12 / 50 If the plaintiff realizes their suit must fail due to a formal defect, they may apply to withdraw the suit with liberty to file a fresh suit. Which provision allows this? A) Order VII, Rule 11 B) Order IX, Rule 4 C) Order XXIII, Rule 1(3) D) Order II, Rule 2 13 / 50 In a civil suit, the burden of proof generally lies on: A) The Court B) The Plaintiff (He who asserts must prove) C) The Government D) The Defendant 14 / 50 An Appellate Court has the power to dismiss an appeal summarily without serving notice on the respondent if it finds no merit. This is known as: A) Dismissal under Order XLI, Rule 11 B) Res judicata C) Rejection of plaint D) Remand 15 / 50 "Discovery by Interrogatories" under Order XI is a procedure meant to: A) Produce primary documentary evidence B) Delay the trial proceedings C) Ascertain the nature of the opponent's case or material facts to reduce the burden of proof D) Examine witnesses before the trial 16 / 50 When the Appellate Court reverses the decree of the trial court, the party who was deprived of a benefit by the trial court's erroneous decree is entitled to be restored to their original position. This principle is called: A) Estoppel B) Res Judicata C) Restitution (Section 144) D) Subrogation 17 / 50 Which rule enables the court to strike out scandalous, frivolous or vexatious pleadings? A) Order 6 Rule 17 B) Order 6 Rule 18 C) Order 6 Rule 16 D) Order 6 Rule 15 18 / 50 Does the definition of "decree" under Section 2(2) include an order of dismissal for default? A) Only if it is a preliminary decree B) Yes, always C) No, it specifically excludes it D) Yes, if the plaintiff agrees 19 / 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) Necessary for the trial C) Supported by strong evidence D) Written in English 20 / 50 An objection regarding the misjoinder or non-joinder of parties must be raised by the defendant: A) At the time of the final argument B) Only in the appellate court C) At the earliest possible opportunity, and in all cases where issues are settled, at or before such settlement D) During the cross-examination 21 / 50 The Court may enlarge any period fixed or granted by the Court for doing an act. This power is: A) Statutory under Section 148 B) Inherent C) Unconstitutional D) Only valid for 30 days 22 / 50 Under Order XVI, Rule 1A, subject to the provisions of sub-rule (3) of rule 1, any party to the suit may, without applying for summons under rule 1, bring any witness to give evidence or to produce documents: A) Never B) Only in criminal courts C) At the appellate stage only D) On the day fixed for the hearing of the suit 23 / 50 Under Order XVI, Rule 12, if a witness fails to appear and cannot provide a lawful excuse, the Court may impose a fine not exceeding: A) 100 Taka B) 500 Taka C) 1000 Taka D) 5000 Taka 24 / 50 Under Section 15 of the CPC (English), every suit shall be instituted in the Court of the: A) District Judge directly B) High Court Division C) Highest grade competent to try it D) Lowest grade competent to try it 25 / 50 Upon successful compromise through mediation under Section 89A, the parties are entitled to a refund of court fees within: A) 30 days B) 60 days C) 120 days D) 90 days 26 / 50 The purpose of restitution under Section 144 is to place the parties in the position which they would have occupied but for the: A) Decree or part thereof as has been varied or reversed B) Delay C) Defendant's fraud D) Court's mistake 27 / 50 Which of the following is NOT a mode of executing a decree under Section 51? A) By delivery of any property specifically decreed B) By arrest and detention in prison C) By physical torture D) By attachment and sale 28 / 50 Under the residuary rule for territorial jurisdiction (Section 20), a suit can be instituted where: A) The plaintiff decides B) Either A or B C) The defendant actually and voluntarily resides, or carries on business D) The cause of action, wholly or in part, arises 29 / 50 In a suit by or against the Government, the recognized agent authorized to sign pleadings is typically: A) A person formally appointed by the Government for this purpose B) Any random citizen C) The Chief Justice D) The Prime Minister 30 / 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 31 / 50 To file an interpleader suit (Order XXXV), the plaintiff must satisfy the Court that there is no: A) Dispute among the defendants B) Need for court intervention C) Evidence available D) Collusion between the plaintiff and any of the defendants 32 / 50 Under Order XXVI, a Commissioner appointed to make a local investigation has the power to: A) Pass a final decree B) Send parties to jail C) Examine any person as a witness and call for documents relevant to the investigation D) Grant temporary injunctions 33 / 50 A suit for the partition of immovable property shall be instituted in the Court within whose local limits: A) The plaintiff resides B) The defendant resides C) The property is situate D) The contract was signed 34 / 50 Consent to sue a Ruler of a foreign State is certified by the signature of (Section 86): A) The Attorney General B) A Secretary to the Government C) The President D) The Chief Justice 35 / 50 Under Order XLI, Rule 10, the Appellate Court may, in its discretion, demand from the appellant: A) Half of the decreed amount B) Security for the costs of the appeal C) An apology letter D) Security for the judge's travel expenses 36 / 50 If a defendant refuses to sign the acknowledgment of the summons, the serving officer is required to: A) Arrest the defendant B) Affix a copy of the summons on the outer door or some other conspicuous part of the house C) Throw the summons inside the house D) Return it to the court and cancel the suit 37 / 50 "Abatement" of a suit under Order XXII means: A) Premature termination of the suit due to the death of a party and failure to bring legal representatives on record within the prescribed time B) Compromise of the suit C) Temporary suspension of the suit D) Transfer of the suit to another court 38 / 50 In lieu of issuing a commission, the Court may issue a "letter of request" to examine a witness residing (Section 77): A) In the same district B) In a military base C) At any place not within Bangladesh D) In Dhaka 39 / 50 Who may direct a Judge to record evidence in the English language (Section 138)? A) The Government B) The High Court Division C) The Attorney General D) The District Judge 40 / 50 Under Order XXI, Rule 72, a decree-holder cannot bid for or purchase the property sold in execution: A) Unless he brings his family B) Without the express permission of the Court C) Under any circumstances D) Unless he is very rich 41 / 50 A "Decree" conclusively determines the rights of the parties with regard to all or any of the matters in controversy. An "Order" is: A) Only issued in criminal cases B) The exact same thing as a decree C) Only issued by police D) The formal expression of any decision of a Civil Court which is NOT a decree 42 / 50 Under Section 79, in a suit against the Government, the authority to be named as defendant shall be: A) The Ministry concerned B) Bangladesh C) The Prime Minister D) The District Magistrate 43 / 50 Which provision deals with the "Delivery of interrogatories"? A) Order 12 Rule 1 B) Order 14 Rule 1 C) Order 13 Rule 1 D) Order 11 Rule 1 44 / 50 Under Section 55, an outer door of a dwelling-house can be broken open for arrest ONLY IF: A) The debt is over 1 lakh Taka B) The police are present C) It is after sunset D) The judgment-debtor refuses or prevents access 45 / 50 Can a purely clerical or arithmetical mistake in a judgment be corrected after the decree is signed? A) Only by the Supreme Court B) No, it requires a full fresh appeal C) Yes, by the Court at any time either of its own motion or on the application of any of the parties D) Only within 30 days 46 / 50 Which of the following properties is EXEMPT from attachment and sale in execution of a decree (Section 60)? A) Bank-notes and cheques B) Shares in a corporation C) Lands and houses D) Tools of artisans and necessary wearing-apparel 47 / 50 A "Caveat" filed under Section 148A remains in force for how many days from the date of its lodging? A) 120 days B) 30 days C) 60 days D) 90 days 48 / 50 If a suit is dismissed due to the non-appearance of both parties, can the plaintiff file a fresh suit on the same cause of action? A) No, the dismissal operates as res judicata B) Yes, subject to the law of limitation C) No, unless the defendant consents D) Yes, but only with the permission of the High Court 49 / 50 When a plaint is rejected under Order 7 Rule 11, it: A) Does not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action (Order 7 Rule 13) B) Invites criminal liability C) Precludes the plaintiff from presenting a fresh plaint in respect of the same cause of action D) Results in permanent dismissal 50 / 50 Under Section 58, where a decree is for the payment of a sum of money exceeding a specified high amount (as per local amendments, usually the highest tier), the maximum period of detention in civil prison is: A) 3 months B) 1 year C) 6 months D) 1 month Your score isThe average score is 0% 0% Send feedback Facebook X LinkedIn Pinterest Messenger Messenger WhatsApp Telegram Share via Email Print