Law Civil Procedure Code Pakistan Online Test 1 Mcqs
Law Civil Procedure Code Pakistan Online Test 1 Mcqs With Solved Answer
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Which of the following deals with the time for inspection when notice given in the Code of Civil Procedure?
Order 16, Rule 12
Order 4, Rule 13
Order 6, Rule 10
Order 11, Rule 17
Correct!
Wrong!
Which of the following deals with the statement and production of evidence in the Code of Civil Procedure?
Order 12, Rule 5
Order 14, Rule 20
Order 18, Rule 2
Order 11, Rule 7
Correct!
Wrong!
Which of the following deals with the right to challenge non-appealable orders in appeal against decrees in the Code of Civil Procedure?
Order 43, Rule 1A
Order 31, Rule 9
Order 22, Rule 18
Order 9, Rule 10
Correct!
Wrong!
In order for that a decision in a former suit may operate as res judicata, the court which may decide that suit must have been?
I. A civil court of competent jurisdiction
II. A court of exclusive jurisdiction
III. A court of concurrent jurisdiction ‘competent to try the subsequent suit’
IV A court of limited jurisdiction competent to try the issue raised in the subsequent suit
Either I or III
Either II or III
Either III or IV
All of these
Correct!
Wrong!
In transaction for transfer or delivery of the property attached, where the contract is executed and registered before attachment, the mischief of sub-s (1) shall not apply. However in which of the following situation it applies?
Where the property is transferred and registered after attachment
Both (A) and (B)
None of these
Where the property is transferred before attachment but registration takes place after the attachment
Correct!
Wrong!
The court to amend a decree is the court that passed it. Where an appeal is preferred from a decree of a court of first instance the Appellate Court may:
Dismiss the appeal under O. 41, r 11(1), without issuing any notice to the respondents
Confirm, reverse or vary the decree of the court of first instance (O. 41, r 32)
Either (A) or (B)
None of these
Correct!
Wrong!
Which of the following tests are to be applied in cases where the plea of bar of the suit under O. 2, r 2 is raised?
Whether the cause of action in the previous suit and that in the subsequent suit are identical
Whether the relief claimed in the subsequent suit could have been given in the previous suit on the basis of the pleadings filed in that suit
All of these
Whether the plaintiff omitted to sue for a particular relief on the cause of action which had been disclosed in the previous suit
Correct!
Wrong!
An order under O. 33, r 11 directing the pauper plaintiff to pay the Court-fees can only be made in which of the following cases?
I. Where the plaintiff fails in the suit
II. Where the plaintiff is dispaupered under r 9
III. Where the suit is withdrawn
IV. Where the suit is dismissed under the circumstances specified in cl. (a) or cl. (b)
I, III, IV
II, IV
III, IV
All of these
Correct!
Wrong!
The words ‘it appears to the Central Government’ which is the consenting authority, makes it clear that?
The decision granting the consent is open to question by the court
The decision granting the consent is final
Either (A) or (B)
None of these
Correct!
Wrong!
The word ‘resides’ used in s. 19 of the Code of Civil Procedure means:
Natural persons
Companies
Tort
None of these
Correct!
Wrong!
A sues B for a declaration of title to land and obtains a decree. A then sues C for possession. C contends that B is owner and that he is in possession as B’s tenant.
The defence is not barred
The defence is barred
Either (A) or (B)
None of these
Correct!
Wrong!
A decree in a suit against certain members of a sect alleged to be wrongdoers in their individual capacity cannot operate as res judicata in a subsequent suit against the other members of the sect. The wrong complained of in the former suit was that the defendants carried an idol in procession through certain streets and that such processions were in violation of plaintiff’s rights.
The suit was against the defendants in their individual capacity, and not as representing the sect to which they belonged
Both (A) and (B)
None of these
The suit was not as representing the sect to which the defendants belonged
Correct!
Wrong!
A sues B to recover one of two properties left by C, on the ground that he and not B is his heir. Thereafter, he applies to amend his plaint for including the second property left out in the plaint as originally field. B opposes the application for amendment which is disallowed by the court. A suit by A against B to recover the second property as heir of C would be barred under rule 2:
A. On the ground that A is to be taken to have omitted to sue for it in the first suit
C. Both (A) and (B)
D. None of these
B. He made an attempt to include it in that suit which was foiled by the opposition of B
Correct!
Wrong!
Where certain properties have been ordered to be partitioned by a decree in an earlier suit, but possession has not yet been delivered and is not argued that the earlier decree had become unenforceable:
A. A fresh suit can be brought for partition of those properties on the ground that the earlier decree has not been enforced
B. A fresh suit cannot be brought for partition of those properties on the ground that the earlier decree has not been enforced
D. None of these
C. Either (A) or (B)
Correct!
Wrong!
A sues B for recovery of possession of certain immovable property. The defence is that B is the full owner of the property. Pending the suit, B is adjudged insolvent and his estate vests in the official assignee. Because the order of adjudication operates:
A. As a statutory transfer of the interest of the insolvent in the subject-matter of the suit to the official assignee
B. As a non-statutory transfer of the interest of the insolvent in the subject-matter of the suit to the official assignee
D. None of these
C. Either (A) or (B)
Correct!
Wrong!
Bar to further suit is dealt under which of the following in the Code of Civil Procedure?
A. Section 11
B. Section 16
C. Section 13
D. Section 12
Correct!
Wrong!
Which of the following deals with the transfer of decree in the Code of Civil Procedure?
A. Section 41
B. Section 36
C. Section 39
D. Section 52
Correct!
Wrong!
Which of the following has been repealed by s. 7 of the Code of Civil Procedure (Amendment) Act 66 of 1956 in the Code of Civil Procedure?
I. Section 68
II. Section 69
III. Section 70
IV. Section 71
V. Section 72
A. I, III, IV
B. II, III, V
C. Ill, IV, V
D. All of them
Correct!
Wrong!
No order under section 47 to be refused or modified unless decision of the case is prejudicially affected under which of the following in the Code of Civil Procedure?
A. Section 90A
B. Section 95A
C. Section 99A
D. Section 101B
Correct!
Wrong!
Which of the following deals with matters for which rules may provide in the Code of Civil Procedure?
A. Section 122
B. Section 103
C. Section 128
D. Section 129
Correct!
Wrong!
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