Law Civil Procedure Code Pakistan Online Test 4 Mcqs
Law Civil Procedure Code Pakistan Online Test 4 Mcqs With Solved Answer
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A decision on an issue of law operates as res-judicata:
(d) all the above.
(c) if the cause of action in the subsequent suit is different from that in the former suit, even though the decision on the point of law is correct
(b) if the cause of action in the subsequent suit is the same as in the former suit, even though the decision on the point of law is erroneous
(a) if the cause of action in the subsequent suit is the same as in the former suit, only when the decision on the point of law is correct
Correct!
Wrong!
On production of a certified copy of the foreign judgment, the presumption as to the competency of the court, under section 14 of CPC is a:
(a) presumption of fact
(d) irrebuttable presumption of law.
(b) presumption of fact & law both
(c) rebuttable presumption of law
Correct!
Wrong!
On the last day of the period of limitation prescribed for the institution of a suit, A applies for leave to sue as a pauper. The application is heard a fortnight later. It transpires at the hearing of the application that A was possessed of sufficient means to enable him to pay the Court-fees. Before an order is made under this rule rejecting the application, A pays the necessary Court-fees, and the application is thereupon converted into a plaint.
C. Both (A) and (B)
D. None of these
B. The Court-fees having been paid after the expiration of the period of limitation, the suit is time-barred
A. The application not having been made in good faith, the suit will be deemed to have been instituted on the day on which the Court-fees were paid, and not on the day on which the application was filed
Correct!
Wrong!
Principle of res-judicata is:
(a) mandatory
(b) directory
(c) discretionary
(d) all the above.
Correct!
Wrong!
Res-judicata does not operate:
(a) between co-defendants
(c) against a per-forma defendant
(d) none of the above.
(b) between co-plaintiffs
Correct!
Wrong!
Principle of res-judicata applies:
(a) to suits only
(d) to suits as well as execution proceedings.
(b) to execution proceedings
(c) to arbitration proceedings
Correct!
Wrong!
A decision on issue of law:
(a) shall always operate as res-judicata
(c) may or may not operate as res-judicata
(d) either (a) or (b).
(b) shall never operate as res-judicata
Correct!
Wrong!
A, a Hindu, claiming as the heir of his uncle, sues the executors of his uncle’s widow for property left by the widow, alleging that the same belonged to the estate of his uncle, and that the widow had no power to dispose it off by will. The court holds that the widow had power to do away the property under the will.
C. Both (A) and (B)
D. None of these
A. A will not be allowed to amend the paint by adding that even if the widow had the power to dispose of the property by her will
B. A was entitled to the residue as his uncle’s heir as the same was left to charitable objects of an unspecified and general character, and could not, therefore, be legally applied to charity
Correct!
Wrong!
A sues B for specific performance of an agreement for the sale to him of B’s land, and obtains a decree. In execution of the decree, A is put in possession of a portion only of the land, as it is found that the rest of the land did not belong to B, but to B’s son.
C. Either (A) or (B)
D. None of these
B. A subsequent suit by A against B for recovery of a portion of the price to the extent of the son’s share is not barred under rule 2, the cause of action being entirely distinct
A. A subsequent suit by A against B for recovery of a portion of the price to the extent of the son’s share is not barred under rule 2, the cause of action being the same
Correct!
Wrong!
Which of the following deals with style of foreign Rulers as parties to suits in the Code of Civil Procedure?
A. Section 90
B. Section 88
C. Section 87
D. Section 82
Correct!
Wrong!
Plea of res-judicata:
(a) has to be specifically raised
(d) neither (a) nor (b) but only (c).
(b) need not be specifically raised
(c) is for the court to see of its own
Correct!
Wrong!
In a suit, where the doctrine of res-judicata applies, the suit is liable to be:
(a) stayed
(c) may be stayed & may be dismissed
(d) both (a) & (c).
(b) dismissed
Correct!
Wrong!
With respect to the principle of res-judicata which of the following is not correct:
(a) ex-parte decree will operate as res-judicata
(d) both (a) & (c).
(b) writ petition dismissed on merits operates as res-judicata
(c) writ petition dismissed in limine operates as res-judicata
Correct!
Wrong!
Constructive res-judicata is contained in:
(a) explanation III to section 11
(c) explanation VI to section 11
(d) explanation VII to section 11
(b) explanation IV to section 11
Correct!
Wrong!
A applies to be appointed guardian of the person of X, The application is opposed by B who claims that he has been appointed guardian by the will X’s father. Meanwhile, B dies. B’s representative is not entitled to continue the proceedings. A’s claim based on a personal trust does not survive the claimant’s representative. It is different, however, where the claim is not based on a personal trust.
C. Both (A) and (B)
D. None of these
A. The legal representative of the deceased is entitled to continue the proceeding
B. The legal representative of the deceased is entitled to contend that the applicant is not a proper person to be appointed guardian
Correct!
Wrong!
Which of the following deals with the liability of ancestral property in the Code of Civil Procedure?
A. Section 46
B. Section 50
C. Section 53
D. Section 49
Correct!
Wrong!
A decision or finding given by a court or a tribunal without jurisdiction:
(c) can operate as res-judicata under certain circumstances only
(a) can operate as res-judicata under all circumstances
(d) may operate as res-judicata or may not operate as res-judicata.
(b) cannot operate as res-judicata
Correct!
Wrong!
Which of the following deals with the institution of suits in the Code of Civil Procedure?
A. Section 18
B. Section 20
C. Section 22
D. Section 26
Correct!
Wrong!
In which of the following cases res-judicata is not applicable:
(a) consent/compromise decrees
(b) dismissal in default
(c) both (a) & (b)
(d) neither (a) nor (b).
Correct!
Wrong!
A decision in a suit may operate as res-judicata against persons not expressly named as parties to the suit by virtue of explanation:
(a) II to section 11 of CPC
(c) VI to section 11 of CPC
(d) VIII to section 11 of CPC.
(b) IV to section 11 of CPC
Correct!
Wrong!
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