Law Civil Procedure Code Pakistan Online Test 2 Mcqs
Law Civil Procedure Code Pakistan Online Test 2 Mcqs With Solved Answer
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A sued to recover a house from B and certain lands from C. The suit was decreed ex parte against both defendants. B applied to set aside the ex parte decree and having settled the dispute with A applied to withdraw his petition. C then applied to be transposed as petitioner.
D. Both (A) and (C)
C. Claims against the two defendants are distinct
B. C is needed to file his own petition to aside as the ex parte decree
A. C should have filed his own petition to set aside the ex parte decree
Correct!
Wrong!
Which of the following are the essential requirements of a debt?
D. All of these
C. That the obligation must have accrued and must be subsisting and should not be that which are accruing
B. An absolute unqualified and present liability in regard to that amount with the obligation to pay forthwith or in future within time
A. An ascertainable or readily calculable amount
Correct!
Wrong!
Which of the following are the principal rules as to concurrent jurisdiction?
I. Concurrent as to pecuniary limit and the subject matter
II. Competency of the former court to be determined as on the date of the ‘former suit’ and not as on the date of the ‘subsequent suit’
III. Competency of the trial court determination
IV. Competence of court when there is a court with preferential jurisdiction
V. Both the suits are in revenue court, but appeals lie to different authorities
A. I, III
B. II, IV, V
C. I, IV, V D.
All of these
Correct!
Wrong!
Which of the following deals with the order for inspection in the Code of Civil Procedure?
A. Order 11, Rule 18
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 13, Rule 22
Correct!
Wrong!
In a case, A applies for leave to sue as a pauper. On the day fixed for the hearing of the application. A, alleging that he has succeeded in negotiating a loan for the payment of the Court-fees, pays the necessary Court-fees.
C. Both (A) and (B)
D. None of these
B. The application for leave to sue as a pauper having been made in good faith, and not on the day on which the Court-fees were paid
A. The application is thereupon numbered and registered as a plaint.
Correct!
Wrong!
Nine Akali Sikhs sue for the removal of the mahant of a religious institution. The suit is dismissed on the ground that the institution is a Hindu Dera and not a Sikh Gurudwara. Subsequently, and after the passing of the Sikh Gurudwara Act, 1925, 64 Sikh sue for a declaration that the institution is Sikh Gurudwara.
A. The suit is barred by res judicata as in the former suit, the plaintiffs were a sect of religious reformers and were not litigating on behalf of the general body of Sikhs
B. The suit is not barred by res judicata as in the former suit, the plaintiffs were a sect of religious reformers and were litigating on behalf of the general body of Sikhs
C. The suit is not barred by res judicata as in the former suit, the plaintiffs were a sect of religious reformers and were not litigating on behalf of the general body of Sikhs
D. None of these
Correct!
Wrong!
Which of the following deals with the power of Supreme Court to transfer suits, etc. in the Code of Civil Procedure?
A. Section 18
B. Section 20
C. Section 25
D. Section 28
Correct!
Wrong!
The words ‘any court exercising original jurisdiction’ under s. 96 of the Code of Civil Procedure has to be read to mean that:
D. None of these
C. If the original jurisdiction has been exercised by any court, the decree passed shall be deemed to be a decree by a court exercising original jurisdiction
B. If the original jurisdiction has been exercised by any court, the decree passed shall be deemed to be void by a court exercising original jurisdiction
A. If the original jurisdiction has been exercised by any court, the decree passed shall be deemed to be a decree by against the court exercising original jurisdiction
Correct!
Wrong!
The assignee of the holder of a life estate sued for declaration of title and injunction, immediately after the death of the life estate-holder. The suit for declaration of title was decreed, but the suit for injection was dismissed after holding that the possession was with the defendants only. Subsequently, the assignee of the life estate filed a suit for possession on the strength of the title. The bar of O. 2, r 2 was raised by the defendant.
C. Both (A) and (B)
D. None of these
B. In the first suit he plaintiffs could not claim the recovery of possession as they had sought only an injunction, claiming themselves to be in possession
A. The bar under O. 2, r 2 is not applicable to the subsequent suit
Correct!
Wrong!
The word ‘prescribed’ used in s. 107 of the Code of Civil Procedure means:
B. The rules under s. 122 and s. 125 of the Code of Civil Procedure
C. Both (A) and (B)
D. None of these
A. The rules contained First Schedule
Correct!
Wrong!
Which of the following deals with the copy of plaint annexed to summons in the Code of Civil Procedure?
A. Order 5, Rule 2
B. Order 2, Rule 2
C. Order 6, Rule 10
D. Order 4, Rule 8
Correct!
Wrong!
A, B, C, D and E are jointly and severally liable for Rs. 1,000 under a decree obtained by F. A obtains a decree for Rs. 100 against F singly and applies for execution to the Court in which the joint decree is being executed.
C. Either (A) or (B)
D. None of these
B. F cannot treat his joint-decree as a cross-decree O. 21 r. 18
A. F may treat his joint-decree as a cross-decree O. 21 r. 18
Correct!
Wrong!
Which of the following sections of the Code of Civil Procedure has been repealed by the Repealing and Amending Act, 1952 (48 of 1952)?
A. Section 145
B. Section 154
C. Section 148
D. Section 153
Correct!
Wrong!
Order 5, r 26 provides for summons to be served:
D. All of these
C. Through a court declared by the notification issued by the Central Government, situated in such foreign territory to be one service by which would be deemed to be valid, where there is no such court
B. Through a court established or continued with power to serve a summon issued under the code
A. By sending it to the political agent appointed by the Central Government in exercise of its foreign jurisdiction
Correct!
Wrong!
Which of the following deals with the inquiry as to whether applicant is an indigent person in the Code of Civil Procedure?
A. Order 44, Rule 3
B. Order 31, Rule 9
C. Order 22, Rule 18
D. Order 9, Rule 10
Correct!
Wrong!
If a right or a liability is created by a statute, which of the following situations may arise?
C. Both (A) and (B)
D. None of these
B. If no machinery is provided for enforcement, civil courts can entertain the suits besides the suit of which cognizance is expressly barred
A. The statue may create a specific forum for its enforcement
Correct!
Wrong!
Where a promissory note is payable by installments, and two or more installments have become due, and the holder of the note sues only for one of the installments and omits to sue for the other installments
A. He can afterwards sue for these installments
C. Either (A) or (B)
D. None of these
B. He cannot afterwards sue for these installments
Correct!
Wrong!
Which of the following deals with power to order any point to be proved by affidavit in the Code of Civil Procedure?
A. Order 12, Rule 5
B. Order 14, Rule 20
C. Order 19, Rule 1
D. Order 11, Rule 7
Correct!
Wrong!
Which of the following deals with where the subject- matter of the suit is immovable property in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 9, Rule 12
C. Order 7, Rule 3
D. Order 10, Rule 22
Correct!
Wrong!
Which of the following deals with the procedure when party fails to present written statement called for by Court in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 8, Rule 10
C. Order 6, Rule 10
D. Order 10, Rule 22
Correct!
Wrong!
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