Code of Civil Procedure Code 1908 LAW GAT MCQS Test 1

1. Question 1 of 50

   Under Section 2 CPC, what does 'Rules' mean?

   A Only informal court practice directions B Only rules made by the Federal Government by ordinance C Only rules made by the Bar Council D Rules and forms contained in the First Schedule, or made under Section 122 or Section 125
2. Question 2 of 50

   Under Section 2 CPC, what does the term 'Code' include?

   A Only notifications issued by the Provincial Government B Only the numbered sections, not the Orders C Only judicial precedents interpreting the Code D Rules
3. Question 3 of 50

   Under Section 6 CPC (pecuniary jurisdiction), can a court exercise jurisdiction over a suit whose value exceeds the pecuniary limits of its ordinary jurisdiction, absent express provision otherwise?

   A Yes, but only in suits relating to immovable property B No C Yes, but only with the consent of both parties D Yes, always, regardless of value
4. Question 4 of 50

   Under Section 12 CPC (bar to further suit), what happens where a plaintiff is precluded by the rules from instituting a further suit on a cause of action?

   A He may still sue in any court outside the original jurisdiction B He must wait one year before refiling C He shall not be entitled to institute a suit on that cause of action in any court to which the Code applies D He may only refile with the defendant's consent
5. Question 5 of 50

   Under Section 2 CPC, who is a 'Judge'?

   A The presiding officer of a civil Court B Any advocate with more than ten years of practice C Only a judge of the High Court or Supreme Court D Any member of a Bar Council
6. Question 6 of 50

   Under Section 2 CPC, is an adjudication from which an appeal lies as an appeal from an order included within the definition of 'decree'?

   A No, it is expressly excluded B Yes, but only for money decrees C Yes, but only in the High Court's original jurisdiction D Yes, always
7. Question 7 of 50

   What does Section 10 CPC (stay of suit) prevent?

   A A plaintiff from filing a second suit on any matter B A court from proceeding with the trial of a suit where the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties C A defendant from filing a counter-claim D A court from ever hearing more than one suit at a time
8. Question 8 of 50

   Under Section 2 CPC, is stamping sufficient to satisfy a signature requirement for documents generally, though not for a judgment or decree?

   A Yes B Yes, but only for documents filed in the Supreme Court C Yes, but only for documents filed by the Government D No, stamping is never treated as equivalent to a signature under the Code
9. Question 9 of 50

   Under Section 11's Explanation IV (constructive res judicata), how is a matter treated if it might and ought to have been raised as a ground of defence or attack in a former suit but was not?

   A It is automatically decided in the plaintiff's favour B It is deemed to have been directly and substantially in issue in that suit C It has no bearing on subsequent litigation D It may be freely raised in a fresh suit
10. Question 10 of 50

    Under Section 2 CPC, is every Judge included within the definition of 'public officer'?

    A No, judges are expressly excluded from this definition B Only judges of superior courts, not subordinate courts C Yes D Only judges appointed after 1947
11. Question 11 of 50

    Under Section 15 CPC, in which court should every suit be instituted?

    A The court of the lowest grade competent to try it B The High Court, in the first instance C Any court the plaintiff prefers D The court nearest to the plaintiff's residence
12. Question 12 of 50

    What does Section 6 CPC (pecuniary jurisdiction) primarily govern?

    A The territorial limits of a court's jurisdiction B The appellate jurisdiction of the High Court C That a court cannot exercise jurisdiction over suits whose value exceeds the pecuniary limits of its ordinary jurisdiction D The subject-matter limits of a court's jurisdiction
13. Question 13 of 50

    Under Section 3 CPC, what is the general hierarchy of civil courts for the purposes of the Code?

    A The High Court is subordinate to the District Court in matters of first instance B Subordination is determined case-by-case by the Provincial Government C All civil courts are of equal, coordinate standing D The District Court is subordinate to the High Court, and every court of a grade inferior to a District Court is subordinate to both the High Court and the District Court
14. Question 14 of 50

    Under Section 2 CPC, what is a 'Foreign Court'?

    A A Court situated beyond the limits of Pakistan, having no authority in Pakistan and not established or continued by the Federal Government B Any court applying a different school of legal thought C Any court situated in a different province of Pakistan D Any international tribunal, regardless of location
15. Question 15 of 50

    In what year did the Code of Civil Procedure, 1908 come into force?

    A 1909 B 1912 C 1901 D 1908
16. Question 16 of 50

    Under Section 9's Explanation, can a suit contesting a right to property or office still be of a civil nature even where the right depends on questions of religious rites?

    A No, unless the Provincial Government certifies otherwise B No, such matters fall exclusively within religious tribunals C Only if both parties belong to the same religion D Yes
17. Question 17 of 50

    Under Section 2 CPC, who does the definition of 'Pleader' include?

    A An advocate B Only a person appearing without any legal qualification C Only a person holding a specific 'pleader' license distinct from an advocate D Only a government-appointed legal officer
18. Question 18 of 50

    Under Section 2 CPC, what does 'Government Pleader' include?

    A Only a person holding a law degree from a Pakistani university B Any officer appointed by the Provincial Government to perform functions imposed by the Code on the Government Pleader, and any pleader acting under that officer's direction C Only the Attorney-General personally D Any advocate appearing for the plaintiff in any suit
19. Question 19 of 50

    Under Section 16 CPC's illustrations, in what type of suits must the property's location generally govern the choice of court?

    A Only suits exceeding a certain pecuniary value B Suits for recovery of immovable property, partition, foreclosure/sale/redemption of a mortgage, or compensation for wrong to immovable property C All suits without exception D Only suits between government entities
20. Question 20 of 50

    A plaintiff sues for possession of a house located in Multan, but the defendant resides in Lahore. Under Section 16 CPC, in which court should the suit generally be instituted?

    A Either court, entirely at the plaintiff's unrestricted discretion B The court within whose jurisdiction the property (in Multan) is situated C The court within whose jurisdiction the defendant resides (Lahore) D The High Court, as the suit concerns immovable property
21. Question 21 of 50

    What does the doctrine of res judicata under Section 11 CPC prevent?

    A A court from trying a suit or issue that has already been directly and substantially decided between the same parties by a competent court B A party from settling out of court C A party from ever appealing a decision D A court from hearing any related suit whatsoever
22. Question 22 of 50

    Under Section 4 CPC, does the Code limit or affect any special or local law in force, absent a specific provision to the contrary?

    A Yes, the Code always overrides special or local laws B Yes, unless the High Court directs otherwise C Yes, but only for suits exceeding a certain value D No
23. Question 23 of 50

    Under Section 2 CPC, what does 'Prescribed' mean?

    A Prescribed only by a Supreme Court order B Prescribed by rules C Prescribed only by the Bar Council D Prescribed only by Presidential notification
24. Question 24 of 50

    Under Section 11's Explanation I, what is meant by a 'former suit' for the purposes of res judicata?

    A A suit decided prior to the suit in question, regardless of when it was instituted B Only a suit between the same two named individuals, never their legal representatives C Only a suit decided by the same judge D Only a suit instituted before the current one, regardless of when decided
25. Question 25 of 50

    Is a decree deemed preliminary or final if further proceedings must be taken before the suit is completely disposed of?

    A Executory B Preliminary C Final D Interlocutory
26. Question 26 of 50

    Under Section 7 CPC, what is the status of 'Provincial Small Cause Courts' in the current text of the Code?

    A It applies only to courts in Islamabad B It remains in full force across all provinces C The provision has been omitted D It was replaced by a new provision on family courts
27. Question 27 of 50

    Under Section 2 CPC, who does 'legal representative' include?

    A Only a person named in a will B Only a court-appointed executor C A person who in law represents the estate of a deceased person, including one who intermeddles with the estate D Only a blood relative of the deceased
28. Question 28 of 50

    Under Section 2 CPC, what is a 'judgment' defined as?

    A Any order of the court B The formal decree itself C The plaint filed by the plaintiff D The statement given by the judge of the grounds of a decree or order
29. Question 29 of 50

    Under Section 11's Explanation V, how is a relief claimed in a plaint treated if it is not expressly granted by the decree, for purposes of res judicata?

    A It is deemed to have been refused B It is deemed to remain undecided and open for a future suit C It has no bearing on any future proceeding D It is deemed to have been granted by implication
30. Question 30 of 50

    Under Section 2 CPC, what is a 'Foreign judgment'?

    A Any judgment written in a language other than Urdu or English B Any judgment involving a foreign national as a party C The judgment of a Foreign Court D Any judgment enforced through Interpol
31. Question 31 of 50

    Under Section 9's Explanation, is a suit in which the right to property or an office is contested still a suit of a civil nature, even if it depends on questions of religious rites?

    A Only if both parties agree B Only if the property is immovable C No, such suits are always excluded D Yes
32. Question 32 of 50

    What Latin-derived doctrine is codified in Section 11 CPC?

    A Res judicata B Res gestae C Res ipsa loquitur D Res sub judice
33. Question 33 of 50

    Under Section 2 CPC, what does 'mesne profits' refer to?

    A The court fee paid on a suit B The costs awarded to the successful party C The value of the subject-matter of a suit D Profits that a person in wrongful possession of property actually received or could have received with ordinary diligence, together with interest
34. Question 34 of 50

    Under Section 2 CPC, what is deemed to be included within 'share in a corporation'?

    A Stock, debenture-stock, debentures, or bonds B Only shares listed on a stock exchange C Only shares held by a single majority shareholder D Only fully paid-up ordinary shares
35. Question 35 of 50

    Under Section 2 CPC, does the definition of 'public officer' include every commissioned or gazetted officer in the military, naval, or air forces of Pakistan while in service of the State?

    A No, military officers are entirely excluded from this definition B Only officers assigned to civil duties C Only officers above the rank of colonel D Yes
36. Question 36 of 50

    What term does Section 2 CPC use for the formal expression of an adjudication that conclusively determines the parties' rights in a suit?

    A Decree B Judgment C Decision D Order
37. Question 37 of 50

    Under Section 2 CPC, who is a 'Judgment-debtor'?

    A Any person named in a plaint, regardless of the decree B Only a person who has admitted liability in writing C Any person against whom a decree has been passed, or an order capable of execution has been made D Only the defendant, regardless of the outcome of the suit
38. Question 38 of 50

    Under Section 2 CPC, what term describes the formal expression of any decision of a civil court which is NOT a decree?

    A Order B Decree C Judgment D Ruling
39. Question 39 of 50

    Under Section 2 CPC, is a written judgment or decree considered 'signed' if it is merely stamped, rather than personally signed?

    A No — the definition of 'signed' includes stamping only for documents other than a judgment or decree B Yes, but only for interlocutory orders C Yes, stamping always satisfies signature requirements D Yes, if the stamp bears the judge's name
40. Question 40 of 50

    Under Section 9 CPC, what suits shall courts have jurisdiction to try?

    A All suits of a civil nature, except those whose cognizance is expressly or impliedly barred B Only suits involving immovable property C Only suits below a certain pecuniary value D Only suits between citizens of Pakistan
41. Question 41 of 50

    Under Section 16 CPC, where must suits for recovery of immovable property generally be instituted?

    A The court within whose local jurisdiction the property is situated B The court within whose jurisdiction the plaintiff resides C The court within whose jurisdiction the defendant resides D Any High Court in Pakistan
42. Question 42 of 50

    Under Section 2 CPC, does the definition of 'public officer' extend to an officer whose duty is to prevent offences, give information of offences, or protect public health and safety?

    A No, this definition is limited strictly to judicial officers B Only officers serving in a provincial capital C Yes D Only officers of the rank of Superintendent of Police or above
43. Question 43 of 50

    Under Section 2 CPC, who is a 'decree-holder'?

    A Any advocate who argued the successful side of a case B Only the plaintiff, regardless of the outcome of the suit C Any person in whose favour a decree has been passed, or an order capable of execution has been made D Only a person who has already fully executed the decree
44. Question 44 of 50

    Under Section 2 CPC, is an order of dismissal of a suit for default included within the definition of 'decree'?

    A Yes, but only if the dismissal is unopposed B No, it is expressly excluded from the definition of 'decree' C Yes, but only in suits exceeding a certain value D Yes, all dismissals are decrees
45. Question 45 of 50

    An advocate wants to know whether a court order refusing to grant an injunction can be appealed. Which two provisions, read together, answer this?

    A Section 9 alone B Order VII and Order VIII alone C Section 96 alone D Order XXXIX (which governs injunctions) and Order XLIII, Rule 1(r) (which makes such orders appealable)
46. Question 46 of 50

    What is the key distinction between Section 10 (stay of suit) and Section 11 (res judicata) of the CPC?

    A They are identical provisions with no distinction B Section 10 applies only to criminal matters C Section 11 applies only before a suit is filed D Section 10 prevents simultaneous trial of the same matter in two pending suits, while Section 11 bars re-litigation of a matter already finally decided
47. Question 47 of 50

    To what territory does the Code of Civil Procedure extend?

    A The whole of Pakistan B Only the provincial capitals C Only areas with a High Court D Only Punjab
48. Question 48 of 50

    Under Section 2 CPC, what does 'movable property' include, for the purposes of the Code?

    A Only livestock B Immovable fixtures only C Growing crops D Only cash and negotiable instruments
49. Question 49 of 50

    Under Section 2 CPC, what does 'District' mean?

    A The local limits of the jurisdiction of a principal Civil Court of original jurisdiction (District Court), including the local limits of a High Court's ordinary original civil jurisdiction B A purely administrative/revenue division with no bearing on civil jurisdiction C Only the geographic boundary of a Tehsil D Only the area served by a single Magistrate
50. Question 50 of 50

    What is the essential difference between an 'order' and a 'decree' under Section 2 CPC?

    A A decree is issued only by the High Court, while an order may be issued by any court B There is no meaningful difference between the two terms C An order is always appealable, while a decree is never appealable D A decree conclusively determines the parties' rights in a suit and follows a formal adjudication, while an order is the formal expression of any court decision that does not meet the definition of a decree

You can practise as a guest, but sign in to save your score and track your progress.