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 Section 99 protects decrees from being reversed or remanded in appeal on account of: A) Lack of territorial jurisdiction B) Fraud C) Any error, defect or irregularity not affecting the merits of the case or jurisdiction D) Lack of pecuniary jurisdiction 2 / 50 Under Order XXVII, Rule 1, in any suit by or against the Government, the plaint or written statement shall be signed by: A) The Prime Minister B) The President C) Any citizen D) Such person as the Government may appoint in this behalf 3 / 50 Under Section 48, an order for execution of a decree cannot be made upon a fresh application after the expiration of: A) 12 years B) 20 years C) 3 years D) 6 years 4 / 50 Under Order XVIII, Rule 4, the examination-in-chief of a witness shall be on: A) Oral statement before the judge B) Video recording C) Affidavit D) Written statement 5 / 50 Under Order IX, Rule 4, if a suit is dismissed because neither party appeared, the plaintiff can: A) Bring a fresh suit (subject to limitation) OR apply to set aside the dismissal B) Do nothing C) Only file an appeal D) Only file a revision 6 / 50 Under Section 105, if a party does not appeal an order of remand from which an appeal lies, he shall thereafter be: A) Fined 5000 Taka B) Precluded from disputing its correctness C) Allowed to file a revision instead D) Permitted to dispute it in the final appeal 7 / 50 Under Order XI, Rule 21, if any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, and he is a plaintiff, he shall be liable to have his: A) Bank account frozen B) Suit dismissed for want of prosecution C) Written statement struck out D) Property attached 8 / 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) 30 days B) 7 days C) 14 days D) 21 days 9 / 50 Under Order XXI, Rule 10, where the holder of a decree desires to execute it, he shall apply to: A) The High Court B) The Court which passed the decree or to the officer appointed C) The local police D) The Supreme Court 10 / 50 If a plaintiff intentionally omits a portion of their claim in a suit, what is the legal consequence regarding the omitted portion? A) They are permanently barred from suing for the omitted portion afterwards B) They can file a new suit for it later C) The court will automatically add it to the decree D) They can claim it during the appellate stage 11 / 50 A "Receiver" (Order XL) is entitled to remuneration. Who fixes this remuneration? A) The plaintiff B) The Government C) The Court D) The defendant 12 / 50 Under Order 20 Rule 4, judgments of a Court of Small Causes need only contain: A) A concise statement of the case B) The points for determination and the decision thereon C) A detailed history of the dispute D) The reasons for the decision 13 / 50 Courts of Additional and Assistant Judges shall be deemed subordinate to the District Court for the purposes of which section? A) Section 115 B) Section 144 C) Section 24 D) Section 11 14 / 50 Under Section 20 of CPC (English), a suit for breach of contract can be instituted at the place where: A) The breach occurred B) All of the above C) The contract was made D) The defendant resides or carries on business 15 / 50 When parties mutually settle a dispute outside the court during the pendency of a suit, what should the court do upon being satisfied of the lawful compromise? A) Reject it as invalid B) Adjourn the case for five years C) Force them to go to trial anyway D) Record the compromise and pass a decree in accordance with it (Consent Decree) 16 / 50 An application to set aside an ex-parte decree under Order 9 Rule 13 must show that: A) The summons was not duly served B) The defendant was prevented by any sufficient cause from appearing C) Either A or B D) The decree was legally flawed 17 / 50 "Rateable distribution" of assets applies when: A) The court distributes the property to local charities B) A single decree-holder wants property distributed among their heirs C) Assets are held by a court and multiple decree-holders have applied for execution against the same judgment-debtor before the receipt of such assets D) The judgment-debtor voluntarily distributes assets to avoid execution 18 / 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) Attachment of the property of the person guilty C) Both A and B D) Only a warning 19 / 50 Order XXXIX, Rule 1(c) allows temporary injunctions if the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any: A) Family member B) Character C) Bank account D) Property in dispute in the suit 20 / 50 According to Section 14, the Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless: A) The government denies it B) The plaintiff appeals C) The defendant objects D) The contrary appears on the record 21 / 50 Under Order XIV, issues are classified into Issues of Fact and Issues of Law. If an issue of law relates to jurisdiction or a bar to the suit, it is termed a: A) Redundant issue B) Preliminary issue C) Conclusive issue D) Vexatious issue 22 / 50 In a suit against the Government, if the decree remains unsatisfied for _____, the Court shall report the case for orders of the Government. A) 1 month B) 6 months C) 2 months D) 3 months (under Section 82) 23 / 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) Garnishee proceedings B) Restitution C) Subrogation D) Pre-emption 24 / 50 Under Order XX, Rule 6, the decree shall agree with the: A) Evidence B) Plaint C) Pleadings D) Judgment 25 / 50 An application for 'Review' under Order 47 must be made to: A) The High Court Division only B) The District Judge only C) The very Court and Judge who passed the decree or made the order D) The Appellate Court 26 / 50 "Judgment" as defined under Section 2(9) of CPC (English) means: A) The final decree only B) An order of dismissal for default C) The formal expression of an adjudication D) The statement given by the Judge on the grounds of a decree or order 27 / 50 Order XVIII, Rule 18 gives the Court the power to: A) Inspect any property or thing concerning which any question may arise B) Arrest any witness C) Direct police investigation D) Alter the pleadings 28 / 50 To institute a suit under Section 92 (Public Charities), who must grant leave or give consent (or be the one filing)? A) The Police Commissioner B) The Attorney General / Advocate General (or two/more interested persons with the leave of the Court) C) The President D) The local UP Chairman 29 / 50 Issues' under Order 14 are framed by the: A) Plaintiff's pleader B) Defendant's pleader C) Court D) Court Clerk 30 / 50 Order XVII, Rule 3 allows the Court to proceed to decide the suit forthwith if a party fails to: A) Produce their evidence or cause the attendance of their witnesses on the time granted B) Provide security for costs C) Pay their lawyer D) Appear on the first day 31 / 50 Under Order XLI, Rule 19, where an appeal is dismissed for appellant's default, the appellant may apply to the Appellate Court for the re-admission of the appeal; and if it is proved that he was prevented by any: A) Lack of legal knowledge B) Sufficient cause from appearing C) Advice of a friend D) Financial problem 32 / 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) Summary judgment B) Arrest warrant C) Final decree debarring the mortgagor from all rights to redeem the property D) Fresh suit 33 / 50 Under Section 89A(11), if disputes are settled on compromise, the parties are entitled to a refund of court fees within: A) 90 days B) 120 days C) 60 days D) 30 days 34 / 50 A suit for the recovery of immovable property cannot generally be joined with other claims except: A) Claims for defamation against the same defendant B) Claims for recovery of an unrelated personal loan C) Claims for breach of a business contract D) Claims for mesne profits or arrears of rent regarding that specific property 35 / 50 Under Section 89A of CPC (English) (in Bangladesh), after filing of written statement, the Court shall mediate or refer the dispute to the engaged pleaders or a mediator. The time limit for completing this mediation is initially: A) 30 days B) 90 days C) 60 days D) 120 days 36 / 50 Under Order XXII, Rule 3, where a sole plaintiff dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the: A) Defendant to win the suit B) Legal representative of the deceased plaintiff to be made a party C) Suit to be dismissed D) Government to take over the suit 37 / 50 Under Order XIV, Rule 5, at what stage can the Court amend or strike out issues? A) At any time before passing a decree B) After passing a decree C) Only during appeal D) Only at the first hearing 38 / 50 Recognized agents of parties by whom appearances, applications and acts may be made or done include: A) A police officer B) Any friend of the party C) Any relative of the party D) Persons holding powers-of-attorney 39 / 50 When a suit is called for hearing and neither the plaintiff nor the defendant appears, what is the natural consequence? A) The suit is dismissed B) The court issues an arrest warrant for both parties C) The court decrees the suit on merits D) The suit is adjourned for a month 40 / 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) The first portion (as statutorily fixed) and two-thirds of the remainder C) Only 10% D) The entire salary 41 / 50 Under Order XIX, Rule 3, affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on: A) Interlocutory applications B) Cross-examinations C) Appeals D) Final judgments 42 / 50 Which of the following properties is liable to attachment and sale in execution of a decree (Section 60)? A) Tools of artisans B) Books of account C) Cooking vessels D) Promissory notes 43 / 50 Under Order XXVII, Rule 5, the Court, in fixing the day for the Government to answer to the plaint, shall allow a reasonable time for the necessary communication with the Government, which shall not be less than: A) One month B) Two months C) Three months D) Six months 44 / 50 No person shall be liable to arrest under civil process if he is a member of Parliament during the continuance of any meeting, and during (Section 135A): A) 30 days before and after B) 60 days before and after C) 14 days before and after D) 7 days before and after 45 / 50 What does the term "pleading" strictly mean in civil procedure? A) Documentary evidence submitted in court B) The final judgment of the court C) Arguments made verbally by the lawyer D) Plaint or written statement 46 / 50 The rules made by the Rule Committee may provide for which of the following matters (Section 128)? A) Consolidation of suits B) Service of summonses by post C) All of the above D) Procedure by way of originating summons 47 / 50 Does the CPC (English) apply in full force to the writ proceedings under the Constitution? A) Only to Habeas Corpus B) Only to Mandamus C) Yes D) No, the procedure prescribed by CPC (English) does not strictly govern writ proceedings, though its general principles may apply 48 / 50 In a suit for the recovery of money, the defendant claims that the plaintiff also owes him an ascertained sum of money legally recoverable. This claim is known as: A) A set-off B) A rejoinder C) An injunction D) Res judicata 49 / 50 Under Section 10, the "Stay of Suit" principle applies if the previously instituted suit is pending in: A) A foreign court outside Bangladesh's authority B) Any Court in Bangladesh or beyond its limits established/continued by the Govt having jurisdiction C) An arbitration tribunal D) A police station 50 / 50 Who may administer an oath to a deponent for an affidavit under Section 139? A) All of the above B) Any Court or Magistrate C) An officer appointed by a Government-empowered Court D) An officer appointed by the Supreme Court Your score isThe average score is 0% 0% Send feedback Facebook X LinkedIn Pinterest Messenger Messenger WhatsApp Telegram Share via Email Print