Code of Civil Procedure 1908 Batch-01 MCQs

1. Question 1 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
2. Question 2 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
3. Question 3 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
4. Question 4 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
5. Question 5 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
6. Question 6 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
7. Question 7 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
8. Question 8 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
9. Question 9 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
10. Question 10 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
11. Question 11 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
12. Question 12 of 50

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

    A 1909 B 1912 C 1901 D 1908
13. Question 13 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
14. Question 14 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
15. Question 15 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
16. Question 16 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
17. Question 17 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
18. Question 18 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
19. Question 19 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
20. Question 20 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)
21. Question 21 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
22. Question 22 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
23. Question 23 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
24. Question 24 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
25. Question 25 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
26. Question 26 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
27. Question 27 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
28. Question 28 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
29. Question 29 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
30. Question 30 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
31. Question 31 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
32. Question 32 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
33. Question 33 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
34. Question 34 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
35. Question 35 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
36. Question 36 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
37. Question 37 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
38. Question 38 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
39. Question 39 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
40. Question 40 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
41. Question 41 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
42. Question 42 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
43. Question 43 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
44. Question 44 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
45. Question 45 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
46. Question 46 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
47. Question 47 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
48. Question 48 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
49. Question 49 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
50. Question 50 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

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