Code of Civil Procedure Code 1908 LAW GAT MCQS Mega Test
200 questions · Law GAT
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Question 1 of 200
Which Order of the CPC governs the appearance of parties and consequences of non-appearance?
ExplanationOrder IX — Which Order of the CPC governs the appearance of parties and consequences of non-appearance.
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Question 2 of 200
Under Order IX, Rule 9, what must a plaintiff show to have a dismissal under Rule 8 set aside?
ExplanationSufficient cause for his non-appearance when the suit was called on for hearing — Under Order IX, Rule 9, what must a plaintiff show to have a dismissal under Rule 8 set aside.
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Question 3 of 200
What is the general relationship between an application under Section 47 CPC and a fresh, independent suit on the same execution dispute?
ExplanationAn application under Section 47 is the exclusive route; a separate suit on the same dispute is barred — What is the general relationship between an application under Section 47 CPC and a fresh, independent suit on the same execution dispute.
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Question 4 of 200
Is a decree deemed preliminary or final if further proceedings must be taken before the suit is completely disposed of?
ExplanationA decree may be partly preliminary and partly final.
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Question 5 of 200
Which section of the CPC lists the orders from which an appeal lies?
ExplanationSection 104 — Which section of the CPC lists the orders from which an appeal lies.
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Question 6 of 200
Under Order XLI, Rule 11, may an appellate court dismiss an appeal without first sending notice to the lower court, where the appellant fails to appear when the appeal is called on for hearing?
ExplanationYes — Under Order XLI, Rule 11, may an appellate court dismiss an appeal without first sending notice to the lower court, where the appellant fails to appear when the appeal is called on for hearing.
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Question 7 of 200
Is a document (such as a decree) essential to the plaintiff's case generally required to be filed along with the plaint?
ExplanationYes, as far as practicable — Is a document (such as a decree) essential to the plaintiff's case generally required to be filed along with the plaint.
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Question 8 of 200
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?
ExplanationIt is deemed to have been refused — 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.
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Question 9 of 200
Under Section 115 CPC (revision), on what grounds may the High Court interfere with a subordinate court's decision in a case where no appeal lies?
ExplanationWhere the subordinate court exercised a jurisdiction not vested in it, failed to exercise jurisdiction vested in it, or acted illegally or with material irregularity in exercising its jurisdiction — Under Section 115 CPC (revision), on what grounds may the High Court interfere with a subordinate court's decision in a case where no appeal lies.
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Question 10 of 200
Why is the status quo, rather than a final determination of rights, the central concern of Order XXXIX proceedings?
ExplanationBecause a temporary injunction is an interim measure meant to prevent the subject-matter of the suit from being altered or lost before the case can be finally heard on its merits — Why is the status quo, rather than a final determination of rights, the central concern of Order XXXIX proceedings.
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Question 11 of 200
Distinguish Order IX, Rule 8 from Order IX, Rule 9: how do these two rules relate to each other?
ExplanationRule 8 governs the initial dismissal of a suit where only the defendant appears, while Rule 9 governs the plaintiff's application to have that dismissal set aside — Distinguish Order IX, Rule 8 from Order IX, Rule 9: how do these two rules relate to each other.
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Question 12 of 200
Under Order VI, is it generally required that pleadings be initialled by the parties or their counsel?
ExplanationYes — Under Order VI, is it generally required that pleadings be initialled by the parties or their counsel.
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Question 13 of 200
Under Order XLI, what happens generally where an appeal is found to be incompetent, but the same grievance could properly be raised by way of revision?
ExplanationCourts have, in appropriate cases, treated an incompetent appeal as a revision and vice versa, to serve the interests of justice — Under Order XLI, what happens generally where an appeal is found to be incompetent, but the same grievance could properly be raised by way of revision.
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Question 14 of 200
Under Order IX, Rule 2, when may a court dismiss a suit for the plaintiff's failure to pay costs necessary for serving the defendant?
ExplanationWhere summons has not been served due to the plaintiff's failure to pay the court fee or postal charges chargeable for service — Under Order IX, Rule 2, when may a court dismiss a suit for the plaintiff's failure to pay costs necessary for serving the defendant.
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Question 15 of 200
Under Order XXXIX, what is the primary purpose of a temporary injunction, as opposed to a final, permanent injunction?
ExplanationTo preserve the status quo pending resolution of the suit on its merits — Under Order XXXIX, what is the primary purpose of a temporary injunction, as opposed to a final, permanent injunction.
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Question 16 of 200
Under Section 2 CPC, is every Judge included within the definition of 'public officer'?
ExplanationYes — Under Section 2 CPC, is every Judge included within the definition of 'public officer'.
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Question 17 of 200
Under Order I, if a suit is filed against the wrong defendant due to a bona fide mistake as to the correct party's identity, what power does the court generally have?
ExplanationTo allow the plaintiff to substitute the correct defendant, under its general powers to add, strike out, or substitute parties — Under Order I, if a suit is filed against the wrong defendant due to a bona fide mistake as to the correct party's identity, what power does the court generally have.
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Question 18 of 200
What does Order VII of the CPC specifically deal with?
ExplanationThe plaint — What does Order VII of the CPC specifically deal with.
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Question 19 of 200
Under Section 18 CPC, what may a court do where it is uncertain within whose jurisdiction certain immovable property is situated?
ExplanationRecord a statement to that effect and proceed to entertain the suit, provided it is otherwise competent as to value and nature — Under Section 18 CPC, what may a court do where it is uncertain within whose jurisdiction certain immovable property is situated.
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Question 20 of 200
What is the general relationship between Section 115 (revision) and Section 151 (inherent powers) of the CPC?
ExplanationSection 115 provides a specific statutory remedy for jurisdictional errors, while Section 151 is a broader, residual power invoked where no specific provision of the Code addresses the situation — What is the general relationship between Section 115 (revision) and Section 151 (inherent powers) of the CPC.
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Question 21 of 200
Under Order VI, must pleadings be signed and verified by the party or their pleader?
ExplanationYes — Under Order VI, must pleadings be signed and verified by the party or their pleader.
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Question 22 of 200
Distinguish Order XLI from Order XLIII: what is the core difference in what each Order addresses?
ExplanationOrder XLI governs appeals from original decrees, while Order XLIII governs appeals from orders (a narrower, specifically listed category) — Distinguish Order XLI from Order XLIII: what is the core difference in what each Order addresses.
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Question 23 of 200
Under Order XXXIX, what is the underlying purpose of granting a temporary injunction?
ExplanationTo maintain and preserve the status quo at the time of institution of the proceedings — Under Order XXXIX, what is the underlying purpose of granting a temporary injunction.
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Question 24 of 200
An appellate court believes a lower court decided a suit solely on a technical preliminary point without examining the merits at all. What power under Order XLI allows the appellate court to send the matter back for a proper decision on the merits?
ExplanationAn appellate court believes a lower court decided a suit solely on a technical preliminary point without examining the merits at all. What power under Order XLI allows the appellate court to send the matter back for a proper decision on the merits: The power of remand under Order XLI, Rule 23.
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Question 25 of 200
Under Order VI, if a defendant denies a contract alleged by the plaintiff, what must the denial specify?
ExplanationWhich part of the contract is denied — Under Order VI, if a defendant denies a contract alleged by the plaintiff, what must the denial specify.
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Question 26 of 200
Which specific rule of Order XLI allows dismissal of an appeal, without notice to the lower court, where the appellant fails to appear at the hearing?
ExplanationRule 11 — Which specific rule of Order XLI allows dismissal of an appeal, without notice to the lower court, where the appellant fails to appear at the hearing.
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Question 27 of 200
Under Order VI, can a party depart from or alter their pleading without the court's leave?
ExplanationNo, a party generally cannot raise a new claim not mentioned in the original pleadings without amendment — Under Order VI, can a party depart from or alter their pleading without the court's leave.
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Question 28 of 200
Under Order XLI, Rule 23, what power does an appellate court have if it finds that a suit was wrongly disposed of on a preliminary point?
ExplanationTo remand the case for a fresh decision on the merits — Under Order XLI, Rule 23, what power does an appellate court have if it finds that a suit was wrongly disposed of on a preliminary point.
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Question 29 of 200
Under Section 2 CPC, who does the definition of 'Pleader' include?
ExplanationAn advocate — Under Section 2 CPC, who does the definition of 'Pleader' include.
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Question 30 of 200
Which specific rule of Order IX addresses dismissal where neither the plaintiff nor the defendant appears?
ExplanationRule 3 — Which specific rule of Order IX addresses dismissal where neither the plaintiff nor the defendant appears.
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Question 31 of 200
Under Section 15 CPC, in which court should every suit be instituted?
ExplanationThe court of the lowest grade competent to try it — Under Section 15 CPC, in which court should every suit be instituted.
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Question 32 of 200
Under Section 104 CPC, what is generally required for an order to be appealable?
ExplanationIt must be one of the orders specifically listed under Section 104 or expressly made appealable by the Code or another law — Under Section 104 CPC, what is generally required for an order to be appealable.
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Question 33 of 200
Which specific rule of Order IX addresses dismissal where the plaintiff fails, after unserved summons, to apply for fresh summons within the prescribed period?
ExplanationRule 5 — Which specific rule of Order IX addresses dismissal where the plaintiff fails, after unserved summons, to apply for fresh summons within the prescribed period.
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Question 34 of 200
Distinguish Section 115 (revision) from Section 96 (appeal): when does revision under Section 115 typically become available?
ExplanationWhere no appeal lies from a subordinate court's decision, but that court exercised jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted illegally or with material irregularity — Distinguish Section 115 (revision) from Section 96 (appeal): when does revision under Section 115 typically become available.
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Question 35 of 200
An advocate wants to know whether a court order refusing to grant an injunction can be appealed. Which two provisions, read together, answer this?
ExplanationAn advocate wants to know whether a court order refusing to grant an injunction can be appealed. Which two provisions, read together, answer this: Order XXXIX (which governs injunctions) and Order XLIII, Rule 1(r) (which makes such orders appealable).
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Question 36 of 200
What is a written statement, in general terms?
ExplanationThe defendant's formal reply to the plaintiff's claim, addressing the allegations made in the plaint — What is a written statement, in general terms.
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Question 37 of 200
Under Order VI, is it necessary for a pleading to plead a matter of law, as opposed to material facts?
ExplanationNo, generally only material facts need be pleaded, not points of law — Under Order VI, is it necessary for a pleading to plead a matter of law, as opposed to material facts.
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Question 38 of 200
Under Section 2 CPC, who is a 'decree-holder'?
ExplanationAny person in whose favour a decree has been passed, or an order capable of execution has been made — Under Section 2 CPC, who is a 'decree-holder'.
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Question 39 of 200
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?
ExplanationA 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: The court within whose jurisdiction the property (in Multan) is situated.
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Question 40 of 200
Which specific rule of Order IX addresses dismissal of a suit where summons was not served due to the plaintiff's failure to pay required fees or charges?
ExplanationRule 2 — Which specific rule of Order IX addresses dismissal of a suit where summons was not served due to the plaintiff's failure to pay required fees or charges.
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Question 41 of 200
Under Order IX, Rule 8, what happens if the defendant appears but the plaintiff does not appear when the suit is called for hearing, and the defendant does not admit the plaintiff's claim?
ExplanationThe court shall dismiss the suit, unless the defendant admits part of the claim, in which case a decree may be passed on the admitted part — Under Order IX, Rule 8, what happens if the defendant appears but the plaintiff does not appear when the suit is called for hearing, and the defendant does not admit the plaintiff's claim.
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Question 42 of 200
Which section of the CPC gives the High Court its revisional jurisdiction over subordinate courts?
ExplanationSection 115 — Which section of the CPC gives the High Court its revisional jurisdiction over subordinate courts.
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Question 43 of 200
Under Order VI, what is the general effect if a party fails to specifically deny an allegation of fact made against them?
ExplanationThe fact may be treated as admitted by the court — Under Order VI, what is the general effect if a party fails to specifically deny an allegation of fact made against them.
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Question 44 of 200
Which Order of the CPC governs temporary injunctions and interlocutory orders?
ExplanationOrder XXXIX — Which Order of the CPC governs temporary injunctions and interlocutory orders.
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Question 45 of 200
What does Order IX of the CPC deal with?
ExplanationAppearance of parties and the consequence of non-appearance — What does Order IX of the CPC deal with.
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Question 46 of 200
Under Order VIII, if a defendant wishes to raise a claim of his own against the plaintiff within the same suit, distinct from a mere denial, what mechanism does the Code contemplate?
ExplanationA set-off or counter-claim — Under Order VIII, if a defendant wishes to raise a claim of his own against the plaintiff within the same suit, distinct from a mere denial, what mechanism does the Code contemplate.
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Question 47 of 200
Under Order XLI, what power does the court have if it finds a memorandum of appeal to be defective?
ExplanationTo reject or require amendment of the memorandum, recording its reasons for doing so — Under Order XLI, what power does the court have if it finds a memorandum of appeal to be defective.
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Question 48 of 200
Under Order XXXIX, is a court generally required to hear the opposite party before granting a temporary injunction, except in cases of genuine urgency?
ExplanationYes, as a general rule, notice to the opposite party is required before an injunction is granted, save in urgent or exceptional circumstances justifying an ex parte order — Under Order XXXIX, is a court generally required to hear the opposite party before granting a temporary injunction, except in cases of genuine urgency.
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Question 49 of 200
What common purpose links Order VI and Order VII of the CPC?
ExplanationBoth concern the formal requirements of pleadings — Order VI generally, and Order VII specifically as to the plaint — What common purpose links Order VI and Order VII of the CPC.
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Question 50 of 200
Under Order VII, Rule 11, besides an undisclosed cause of action and insufficient stamping, what other defect can lead to rejection of a plaint?
ExplanationWhere the relief claimed is undervalued and the plaintiff fails to correct the valuation within the time fixed by the court — Under Order VII, Rule 11, besides an undisclosed cause of action and insufficient stamping, what other defect can lead to rejection of a plaint.
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Question 51 of 200
Under Order IX, Rule 9, before an order restoring a suit dismissed under Rule 8 is made, what must generally occur?
ExplanationNotice of the application must be served on the opposite party — Under Order IX, Rule 9, before an order restoring a suit dismissed under Rule 8 is made, what must generally occur.
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Question 52 of 200
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?
ExplanationHe shall not be entitled to institute a suit on that cause of action in any court to which the Code applies — 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.
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Question 53 of 200
What term describes a party wrongly added to a suit without a legal connection to the case?
ExplanationMisjoinder — What term describes a party wrongly added to a suit without a legal connection to the case.
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Question 54 of 200
Under Section 2 CPC, who is a 'Judgment-debtor'?
ExplanationAny person against whom a decree has been passed, or an order capable of execution has been made — Under Section 2 CPC, who is a 'Judgment-debtor'.
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Question 55 of 200
Which section of the CPC codifies the doctrine of res sub judice (stay of suit)?
ExplanationSection 10 — Which section of the CPC codifies the doctrine of res sub judice (stay of suit).
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Question 56 of 200
Under Order XLIII, is a remand order under Order XLI, Rule 23 generally appealable?
ExplanationYes, where an appeal would lie from the decree of the appellate court — Under Order XLIII, is a remand order under Order XLI, Rule 23 generally appealable.
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Question 57 of 200
Under Section 2 CPC, what does 'Rules' mean?
ExplanationRules and forms contained in the First Schedule, or made under Section 122 or Section 125 — Under Section 2 CPC, what does 'Rules' mean.
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Question 58 of 200
A plaintiff loses a suit for possession of land, then files a second suit against the same defendant seeking possession of the same land on a new legal theory that could have been raised in the first suit. What bars this second suit?
ExplanationA plaintiff loses a suit for possession of land, then files a second suit against the same defendant seeking possession of the same land on a new legal theory that could have been raised in the first suit. What bars this second suit: Constructive res judicata under Section 11, Explanation IV, since the new ground ought to have been raised in the earlier suit.
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Question 59 of 200
What Latin-derived doctrine is codified in Section 11 CPC?
ExplanationRes judicata — What Latin-derived doctrine is codified in Section 11 CPC.
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Question 60 of 200
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?
ExplanationYes — 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.
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Question 61 of 200
Under Section 11's Explanation I, what is meant by a 'former suit' for the purposes of res judicata?
ExplanationA suit decided prior to the suit in question, regardless of when it was instituted — Under Section 11's Explanation I, what is meant by a 'former suit' for the purposes of res judicata.
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Question 62 of 200
Which specific rule of Order IX allows a plaintiff to apply to set aside a dismissal made under Rule 8, by showing sufficient cause?
ExplanationRule 9 — Which specific rule of Order IX allows a plaintiff to apply to set aside a dismissal made under Rule 8, by showing sufficient cause.
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Question 63 of 200
Under Order VI, what must a pleading generally avoid containing?
ExplanationAny scandalous, frivolous, vexatious, or otherwise unnecessary or embarrassing matter — Under Order VI, what must a pleading generally avoid containing.
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Question 64 of 200
Under Section 2 CPC, what does the term 'Code' include?
ExplanationRules — Under Section 2 CPC, what does the term 'Code' include.
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Question 65 of 200
Under Section 2 CPC, is a written judgment or decree considered 'signed' if it is merely stamped, rather than personally signed?
ExplanationNo — the definition of 'signed' includes stamping only for documents other than a judgment or decree — Under Section 2 CPC, is a written judgment or decree considered 'signed' if it is merely stamped, rather than personally signed.
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Question 66 of 200
Under Order VII, Rule 1, what must a plaint state regarding the court's jurisdiction?
ExplanationThe facts showing that the court has jurisdiction — Under Order VII, Rule 1, what must a plaint state regarding the court's jurisdiction.
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Question 67 of 200
Which section of the CPC provides the general rule that suits should be instituted in the court of the lowest grade competent to try them?
ExplanationSection 15 — Which section of the CPC provides the general rule that suits should be instituted in the court of the lowest grade competent to try them.
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Question 68 of 200
Under Order XXXIX, what happens to a temporary injunction once the underlying suit is finally decided?
ExplanationIt generally merges into or is superseded by the final relief granted (or refused) in the decree — Under Order XXXIX, what happens to a temporary injunction once the underlying suit is finally decided.
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Question 69 of 200
What does Order XLIII of the CPC deal with?
ExplanationAppeals from orders — What does Order XLIII of the CPC deal with.
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Question 70 of 200
Which Order of the CPC governs appeals from original decrees?
ExplanationOrder XLI — Which Order of the CPC governs appeals from original decrees.
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Question 71 of 200
Under Order IX, what is the general effect if the court is satisfied that a party's non-appearance was caused by circumstances such as a death in the family?
ExplanationThe court may decline to dismiss the suit on that ground, treating the absence as excused — Under Order IX, what is the general effect if the court is satisfied that a party's non-appearance was caused by circumstances such as a death in the family.
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Question 72 of 200
Under Section 2 CPC, is an order of dismissal of a suit for default included within the definition of 'decree'?
ExplanationNo, it is expressly excluded from the definition of 'decree' — Under Section 2 CPC, is an order of dismissal of a suit for default included within the definition of 'decree'.
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Question 73 of 200
Which section of the CPC provides the general residual rule on place of suing, based on the defendant's residence or where the cause of action arises?
ExplanationSection 20 — Which section of the CPC provides the general residual rule on place of suing, based on the defendant's residence or where the cause of action arises.
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Question 74 of 200
Under Order IX, what is required for a court to set aside a decree passed ex parte against a defendant?
ExplanationThe defendant must satisfy the court that they were prevented by sufficient cause from appearing when the suit was called for hearing — Under Order IX, what is required for a court to set aside a decree passed ex parte against a defendant.
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Question 75 of 200
Under Section 16 CPC's illustrations, in what type of suits must the property's location generally govern the choice of court?
ExplanationSuits for recovery of immovable property, partition, foreclosure/sale/redemption of a mortgage, or compensation for wrong to immovable property — Under Section 16 CPC's illustrations, in what type of suits must the property's location generally govern the choice of court.
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Question 76 of 200
Which Order of the CPC deals with pleadings generally?
ExplanationOrder VI — Which Order of the CPC deals with pleadings generally.
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Question 77 of 200
Under Section 20 CPC, in what court may a suit generally be instituted, subject to other provisions?
ExplanationA court within whose local limits the defendant resides, carries on business, or personally works for gain, or where the cause of action wholly or partly arises — Under Section 20 CPC, in what court may a suit generally be instituted, subject to other provisions.
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Question 78 of 200
Under Section 2 CPC, what does 'movable property' include, for the purposes of the Code?
ExplanationGrowing crops — Under Section 2 CPC, what does 'movable property' include, for the purposes of the Code.
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Question 79 of 200
Distinguish Order XXXIX from Order XLI: what is the core difference in what each Order addresses?
ExplanationOrder XXXIX addresses interim relief (temporary injunctions) during the pendency of a suit, while Order XLI addresses appeals from a final original decree — Distinguish Order XXXIX from Order XLI: what is the core difference in what each Order addresses.
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Question 80 of 200
Under Order I, what is the practical consequence of misjoinder or non-joinder of parties on the suit as a whole?
ExplanationThe suit is not defeated by reason of misjoinder or non-joinder alone, though the court may deal with the issue as to those parties specifically — Under Order I, what is the practical consequence of misjoinder or non-joinder of parties on the suit as a whole.
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Question 81 of 200
Under Section 75 CPC, for what purposes may a court issue a commission?
ExplanationTo examine any person, make a local investigation, examine or adjust accounts, or make a partition — Under Section 75 CPC, for what purposes may a court issue a commission.
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Question 82 of 200
Under Order XLIII, Rule 1(r), what specific type of order is made appealable?
ExplanationOrders under Order XXXIX, Rules 1, 2, 2A, 4, and 10, relating to injunctions — Under Order XLIII, Rule 1(r), what specific type of order is made appealable.
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Question 83 of 200
Under Section 9 CPC, what suits shall courts have jurisdiction to try?
ExplanationAll suits of a civil nature, except those whose cognizance is expressly or impliedly barred — Under Section 9 CPC, what suits shall courts have jurisdiction to try.
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Question 84 of 200
Under Order XLIII, are orders relating to a receiver, made under Order XL, generally treated the same way as orders relating to injunctions for appeal purposes?
ExplanationYes, both categories are specifically listed as appealable orders under Order XLIII, Rule 1 — Under Order XLIII, are orders relating to a receiver, made under Order XL, generally treated the same way as orders relating to injunctions for appeal purposes.
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Question 85 of 200
Distinguish Order XLI, Rule 11 from Order XLI, Rule 23: what is the key difference in what each addresses?
ExplanationRule 11 concerns dismissal of an appeal for the appellant's non-appearance, while Rule 23 concerns remand of a case decided below on a preliminary point — Distinguish Order XLI, Rule 11 from Order XLI, Rule 23: what is the key difference in what each addresses.
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Question 86 of 200
Under Order IX, Rule 6, what may a court do if the plaintiff appears but the defendant does not appear when the suit is called for hearing, despite proper service?
ExplanationOrder the suit to be heard ex parte — Under Order IX, Rule 6, what may a court do if the plaintiff appears but the defendant does not appear when the suit is called for hearing, despite proper service.
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Question 87 of 200
Which single Code section would most directly resolve a dispute over whether a judgment-debtor has actually paid the sum awarded in a prior decree?
ExplanationSection 47, since this concerns execution, discharge, or satisfaction of the decree — Which single Code section would most directly resolve a dispute over whether a judgment-debtor has actually paid the sum awarded in a prior decree.
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Question 88 of 200
Under Section 2 CPC, what is a 'Foreign judgment'?
ExplanationThe judgment of a Foreign Court — Under Section 2 CPC, what is a 'Foreign judgment'.
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Question 89 of 200
Which section of the CPC defines terms such as 'decree', 'order', 'judgment', and 'mesne profits'?
ExplanationSection 2 — Which section of the CPC defines terms such as 'decree', 'order', 'judgment', and 'mesne profits'.
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Question 90 of 200
Under Order XLIII, is an order rejecting an application to set aside a dismissal of a suit (e.g. under Order IX) generally treated as appealable?
ExplanationYes, such orders are among those specifically listed as appealable under Order XLIII, Rule 1 — Under Order XLIII, is an order rejecting an application to set aside a dismissal of a suit (e.g. under Order IX) generally treated as appealable.
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Question 91 of 200
Which section of the CPC codifies the doctrine of res judicata?
ExplanationSection 11 — Which section of the CPC codifies the doctrine of res judicata.
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Question 92 of 200
What does Order I of the CPC deal with?
ExplanationParties to suits — What does Order I of the CPC deal with.
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Question 93 of 200
What is the key distinction between Section 10 (stay of suit) and Section 11 (res judicata) of the CPC?
ExplanationSection 10 prevents simultaneous trial of the same matter in two pending suits, while Section 11 bars re-litigation of a matter already finally decided — What is the key distinction between Section 10 (stay of suit) and Section 11 (res judicata) of the CPC.
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Question 94 of 200
Under Order VIII, Rule 5, what may a court do where a defendant has not filed any written statement at all?
ExplanationPronounce judgment on the basis of the facts contained in the plaint, except against a person under disability — Under Order VIII, Rule 5, what may a court do where a defendant has not filed any written statement at all.
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Question 95 of 200
What term does Section 2 CPC use for the formal expression of an adjudication that conclusively determines the parties' rights in a suit?
ExplanationDecree — What term does Section 2 CPC use for the formal expression of an adjudication that conclusively determines the parties' rights in a suit.
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Question 96 of 200
Which Order of the CPC governs appeals from orders (as distinct from decrees)?
ExplanationOrder XLIII — Which Order of the CPC governs appeals from orders (as distinct from decrees).
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Question 97 of 200
Under Order IX, Rule 5, what happens if, after summons is returned unserved, the plaintiff fails for the prescribed period to apply for fresh summons?
ExplanationThe court may dismiss the suit against the defendant who was not served — Under Order IX, Rule 5, what happens if, after summons is returned unserved, the plaintiff fails for the prescribed period to apply for fresh summons.
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Question 98 of 200
Under Order VI, how should dates, sums, and numbers be expressed in a pleading?
ExplanationIn figures as well as in words — Under Order VI, how should dates, sums, and numbers be expressed in a pleading.
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Question 99 of 200
Under Section 2 CPC, is an adjudication from which an appeal lies as an appeal from an order included within the definition of 'decree'?
ExplanationNo, it is expressly excluded — Under Section 2 CPC, is an adjudication from which an appeal lies as an appeal from an order included within the definition of 'decree'.
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Question 100 of 200
Under Order XLIII, Rule 1, what type of orders are appealable?
ExplanationOnly those orders specifically listed in Rule 1, not every interlocutory order — Under Order XLIII, Rule 1, what type of orders are appealable.
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Question 101 of 200
Under Order XLIII, what must a memorandum of appeal from an appellate order generally be accompanied by?
ExplanationA certified copy of the judgment and order of the court of first instance, and of the appellate court — Under Order XLIII, what must a memorandum of appeal from an appellate order generally be accompanied by.
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Question 102 of 200
Under Order VI, if a party pleads that certain conditions precedent were fulfilled before a contract was made, what must they do?
ExplanationSpecifically mention that the conditions were fulfilled — Under Order VI, if a party pleads that certain conditions precedent were fulfilled before a contract was made, what must they do.
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Question 103 of 200
What term describes the omission of a necessary party from a suit?
ExplanationNon-joinder — What term describes the omission of a necessary party from a suit.
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Question 104 of 200
Under Order XXXIX, Rule 1, besides danger of waste or alienation of the disputed property, what other ground may justify a temporary injunction?
ExplanationThe party against whom the injunction is sought is threatening to remove or dispose of property to defraud creditors, or is threatening to violate the plaintiff's legal rights — Under Order XXXIX, Rule 1, besides danger of waste or alienation of the disputed property, what other ground may justify a temporary injunction.
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Question 105 of 200
Under Section 2 CPC, what is deemed to be included within 'share in a corporation'?
ExplanationStock, debenture-stock, debentures, or bonds — Under Section 2 CPC, what is deemed to be included within 'share in a corporation'.
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Question 106 of 200
Under Order XXXIX, Rule 2A, what may result from disobedience or breach of an injunction order?
ExplanationArrest of the person disobeying, attachment of their property, or both — Under Order XXXIX, Rule 2A, what may result from disobedience or breach of an injunction order.
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Question 107 of 200
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?
ExplanationNo — 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.
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Question 108 of 200
Under Section 17 CPC, where may a suit be instituted if immovable property lies within the jurisdiction of different courts?
ExplanationIn any court within whose local limits any portion of the property is situated, provided the entire claim is cognizable by that court — Under Section 17 CPC, where may a suit be instituted if immovable property lies within the jurisdiction of different courts.
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Question 109 of 200
A defendant fails to appear despite being properly served, and an ex parte decree is passed against him. He later shows the court he was seriously ill on the hearing date and could not attend. What is his general remedy?
ExplanationA defendant fails to appear despite being properly served, and an ex parte decree is passed against him. He later shows the court he was seriously ill on the hearing date and could not attend. What is his general remedy: Apply under Order IX to have the ex parte decree set aside, by showing sufficient cause for non-appearance.
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Question 110 of 200
A suit is dismissed for the plaintiff's non-appearance under Order IX, and the plaintiff later wants it restored. What must the plaintiff generally show?
ExplanationA suit is dismissed for the plaintiff's non-appearance under Order IX, and the plaintiff later wants it restored. What must the plaintiff generally show: Sufficient cause for the original non-appearance.
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Question 111 of 200
Under Section 3 CPC, what is the general hierarchy of civil courts for the purposes of the Code?
ExplanationThe 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 — Under Section 3 CPC, what is the general hierarchy of civil courts for the purposes of the Code.
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Question 112 of 200
Under Order IX, what is the general standard a court applies before setting aside an ex parte decree due to irregular service?
ExplanationWhether the defendant nonetheless had notice of the hearing date and sufficient time to appear and answer — Under Order IX, what is the general standard a court applies before setting aside an ex parte decree due to irregular service.
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Question 113 of 200
Which Order of the CPC deals specifically with the plaint?
ExplanationOrder VII — Which Order of the CPC deals specifically with the plaint.
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Question 114 of 200
Under Section 96 CPC, from what does an appeal generally lie to the court authorized to hear appeals?
ExplanationEvery decree passed by any court exercising original jurisdiction — Under Section 96 CPC, from what does an appeal generally lie to the court authorized to hear appeals.
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Question 115 of 200
Under Section 20 CPC's illustrations, if a seller in one city delivers goods to a carrier for a buyer in another city, where may the seller sue for the price?
ExplanationAt the plaintiff's option, either where the cause of action arose or where the defendant carries on business — Under Section 20 CPC's illustrations, if a seller in one city delivers goods to a carrier for a buyer in another city, where may the seller sue for the price.
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Question 116 of 200
Under Order XLI, in what general court is an appeal from an original decree preferred?
ExplanationA court superior in rank to the court that passed the decree — Under Order XLI, in what general court is an appeal from an original decree preferred.
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Question 117 of 200
Which specific rule of Order XLI governs the narrow circumstances in which additional evidence may be produced before the appellate court?
ExplanationRule 27 — Which specific rule of Order XLI governs the narrow circumstances in which additional evidence may be produced before the appellate court.
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Question 118 of 200
Under Section 96(3) CPC, can an appeal lie from a decree passed by the court with the consent of the parties?
ExplanationNo — Under Section 96(3) CPC, can an appeal lie from a decree passed by the court with the consent of the parties.
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Question 119 of 200
What is the difference between a temporary injunction and a perpetual injunction?
ExplanationA temporary injunction is an interim remedy pending the suit, while a perpetual injunction is granted at the final hearing on the merits — What is the difference between a temporary injunction and a perpetual injunction.
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Question 120 of 200
Under Order VII, Rule 11, is a plaint liable to rejection where the relief claimed is undervalued and the plaintiff, on being required to correct the valuation, fails to do so?
ExplanationYes — Under Order VII, Rule 11, is a plaint liable to rejection where the relief claimed is undervalued and the plaintiff, on being required to correct the valuation, fails to do so.
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Question 121 of 200
Under Section 19 CPC, if a wrong to the person or movable property occurs in one jurisdiction but the defendant resides in another, where may the plaintiff sue?
ExplanationAt the plaintiff's option, in either jurisdiction — Under Section 19 CPC, if a wrong to the person or movable property occurs in one jurisdiction but the defendant resides in another, where may the plaintiff sue.
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Question 122 of 200
Under Order I, is the plaintiff required to identify a single certain defendant before filing suit, even where genuinely uncertain which of several persons is liable?
ExplanationNo, all such persons may be joined as defendants in the alternative — Under Order I, is the plaintiff required to identify a single certain defendant before filing suit, even where genuinely uncertain which of several persons is liable.
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Question 123 of 200
Under Order VII, Rule 11, what happens to a plaint that does not disclose a cause of action or fails to meet the required legal formalities?
ExplanationIt may be rejected by the court — Under Order VII, Rule 11, what happens to a plaint that does not disclose a cause of action or fails to meet the required legal formalities.
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Question 124 of 200
A defendant is sued in Karachi for a wrong done to his person in Lahore, and he resides and works in Karachi. In which court(s) may the plaintiff sue, under Section 19 read with Section 20?
ExplanationA defendant is sued in Karachi for a wrong done to his person in Lahore, and he resides and works in Karachi. In which court(s) may the plaintiff sue, under Section 19 read with Section 20: At the plaintiff's option, either in Lahore (where the wrong occurred) or in Karachi (where the defendant resides).
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Question 125 of 200
Which section of the CPC empowers a court to issue a commission to examine a person or make a local investigation?
ExplanationSection 75 — Which section of the CPC empowers a court to issue a commission to examine a person or make a local investigation.
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Question 126 of 200
Under Section 4 CPC, does the Code limit or affect any special or local law in force, absent a specific provision to the contrary?
ExplanationNo — Under Section 4 CPC, does the Code limit or affect any special or local law in force, absent a specific provision to the contrary.
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Question 127 of 200
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?
ExplanationYes — 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.
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Question 128 of 200
Under Order IX, Rule 8, if the defendant appears but the plaintiff does not, and the defendant admits only part of the plaintiff's claim, what does the court do?
ExplanationPass a decree against the defendant on the admitted part, and dismiss the suit as to the remainder — Under Order IX, Rule 8, if the defendant appears but the plaintiff does not, and the defendant admits only part of the plaintiff's claim, what does the court do.
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Question 129 of 200
Under Order XLI, Rule 27, what is the general rule regarding additional evidence in the appellate court?
ExplanationParties to an appeal are not entitled to produce additional evidence, whether oral or documentary, except in narrowly defined circumstances — Under Order XLI, Rule 27, what is the general rule regarding additional evidence in the appellate court.
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Question 130 of 200
What does Section 6 CPC (pecuniary jurisdiction) primarily govern?
ExplanationThat a court cannot exercise jurisdiction over suits whose value exceeds the pecuniary limits of its ordinary jurisdiction — What does Section 6 CPC (pecuniary jurisdiction) primarily govern.
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Question 131 of 200
Under Order IX, can a decree be set aside merely on the ground of an irregularity in the service of summons?
ExplanationNo, not if the court is satisfied the defendant had notice of the hearing date and sufficient time to appear and answer — Under Order IX, can a decree be set aside merely on the ground of an irregularity in the service of summons.
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Question 132 of 200
What does Order XXXIX of the CPC deal with?
ExplanationTemporary injunctions and interlocutory orders — What does Order XXXIX of the CPC deal with.
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Question 133 of 200
A plaintiff's plaint fails to disclose any cause of action against the defendant at all. What is the defendant's most direct remedy at the outset of proceedings?
ExplanationA plaintiff's plaint fails to disclose any cause of action against the defendant at all. What is the defendant's most direct remedy at the outset of proceedings: Seek rejection of the plaint under Order VII, Rule 11.
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Question 134 of 200
Under Order VIII, must a defendant's denial of an allegation be specific, or is a general denial sufficient?
ExplanationA specific denial is required; a general or evasive denial is generally not sufficient — Under Order VIII, must a defendant's denial of an allegation be specific, or is a general denial sufficient.
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Question 135 of 200
A losing party wishes to challenge a District Judge's order on the ground that the judge exceeded his jurisdiction, but no appeal lies from that order. What remedy under the CPC is most directly available?
ExplanationA losing party wishes to challenge a District Judge's order on the ground that the judge exceeded his jurisdiction, but no appeal lies from that order. What remedy under the CPC is most directly available: Revision under Section 115.
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Question 136 of 200
Under Order I, may a defendant be joined in a suit if the plaintiff is uncertain from which of several persons he is entitled to relief?
ExplanationYes, all such persons may be joined as defendants and the court may decide the question as between them — Under Order I, may a defendant be joined in a suit if the plaintiff is uncertain from which of several persons he is entitled to relief.
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Question 137 of 200
A court realizes a clerical error was made in a decree it passed and wishes to correct it despite no specific provision addressing that exact error. Which provision most likely supports this correction?
ExplanationA court realizes a clerical error was made in a decree it passed and wishes to correct it despite no specific provision addressing that exact error. Which provision most likely supports this correction: Section 151, the inherent powers provision.
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Question 138 of 200
Under Order VI, what does the term 'pleading' mean?
ExplanationPlaint or written statement — Under Order VI, what does the term 'pleading' mean.
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Question 139 of 200
Under Section 2 CPC, what term describes the formal expression of any decision of a civil court which is NOT a decree?
ExplanationOrder — Under Section 2 CPC, what term describes the formal expression of any decision of a civil court which is NOT a decree.
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Question 140 of 200
Under Order VI, what is the consequence of an inconsistency between two pleadings filed by the same party without seeking amendment?
ExplanationThe party is generally not permitted to depart from or raise a new claim inconsistent with the original pleading absent amendment — Under Order VI, what is the consequence of an inconsistency between two pleadings filed by the same party without seeking amendment.
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Question 141 of 200
Which section of the CPC provides that questions relating to execution of a decree are to be decided by the executing court, not a fresh suit?
ExplanationSection 47 — Which section of the CPC provides that questions relating to execution of a decree are to be decided by the executing court, not a fresh suit.
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Question 142 of 200
What does Order VI of the CPC govern?
ExplanationPleadings generally — What does Order VI of the CPC govern.
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Question 143 of 200
Under Order I, Rule 10, what power does the court have regarding parties to a suit?
ExplanationTo substitute, add, or strike out parties at any stage of the proceedings — Under Order I, Rule 10, what power does the court have regarding parties to a suit.
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Question 144 of 200
Under Section 2 CPC, is stamping sufficient to satisfy a signature requirement for documents generally, though not for a judgment or decree?
ExplanationYes — Under Section 2 CPC, is stamping sufficient to satisfy a signature requirement for documents generally, though not for a judgment or decree.
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Question 145 of 200
Under Order VI, should a pleading state the evidence by which the facts are to be proved?
ExplanationNo, pleadings should state material facts only, not the evidence by which they are to be proved — Under Order VI, should a pleading state the evidence by which the facts are to be proved.
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Question 146 of 200
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?
ExplanationYes — 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.
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Question 147 of 200
Under Section 2 CPC, who is a 'Judge'?
ExplanationThe presiding officer of a civil Court — Under Section 2 CPC, who is a 'Judge'.
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Question 148 of 200
Under Section 2 CPC, who does 'legal representative' include?
ExplanationA person who in law represents the estate of a deceased person, including one who intermeddles with the estate — Under Section 2 CPC, who does 'legal representative' include.
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Question 149 of 200
Under Order XLI, may the appellate court take additional evidence not produced in the lower court?
ExplanationYes, in certain circumstances, such as where the lower court refused to admit evidence that ought to have been admitted — Under Order XLI, may the appellate court take additional evidence not produced in the lower court.
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Question 150 of 200
Under Order VIII, if a defendant does not specifically deny an allegation of fact in the plaint, nor state that it is not admitted, what is the general legal consequence?
ExplanationThe allegation shall be taken to be admitted, except as against a person under disability — Under Order VIII, if a defendant does not specifically deny an allegation of fact in the plaint, nor state that it is not admitted, what is the general legal consequence.
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Question 151 of 200
What does Section 151 CPC preserve?
ExplanationThis is one of the most frequently invoked provisions in Pakistani civil litigation.
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Question 152 of 200
Distinguish Section 104 from Section 96 CPC: what is the key difference in what each governs?
ExplanationSection 96 governs appeals from decrees, while Section 104 governs appeals from orders that are not decrees — Distinguish Section 104 from Section 96 CPC: what is the key difference in what each governs.
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Question 153 of 200
Under Order VII, is a plaint's statement of jurisdiction facts a mere formality, or does the plaintiff need to show facts actually establishing jurisdiction?
ExplanationThe plaintiff must show facts actually establishing that the chosen court has jurisdiction — Under Order VII, is a plaint's statement of jurisdiction facts a mere formality, or does the plaintiff need to show facts actually establishing jurisdiction.
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Question 154 of 200
What does Order VIII of the CPC specifically deal with?
ExplanationThe written statement — What does Order VIII of the CPC specifically deal with.
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Question 155 of 200
Under Order IX, Rule 4, what may a plaintiff generally do after a suit is dismissed for non-appearance of both parties under Rule 3?
ExplanationApply for an order to set the dismissal aside, or bring a fresh suit, subject to the law of limitation — Under Order IX, Rule 4, what may a plaintiff generally do after a suit is dismissed for non-appearance of both parties under Rule 3.
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Question 156 of 200
Under Section 2 CPC, what does 'mesne profits' refer to?
ExplanationProfits that a person in wrongful possession of property actually received or could have received with ordinary diligence, together with interest — Under Section 2 CPC, what does 'mesne profits' refer to.
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Question 157 of 200
What does Section 47 CPC provide regarding questions relating to the execution, discharge, or satisfaction of a decree?
ExplanationThey shall be determined by the court executing the decree and not by a separate suit — What does Section 47 CPC provide regarding questions relating to the execution, discharge, or satisfaction of a decree.
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Question 158 of 200
What is the essential difference between an 'order' and a 'decree' under Section 2 CPC?
ExplanationA 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 — What is the essential difference between an 'order' and a 'decree' under Section 2 CPC.
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Question 159 of 200
Under Order IX, Rule 3, what is the consequence where neither party appears when the suit is called on for hearing?
ExplanationThe court may make an order that the suit be dismissed — Under Order IX, Rule 3, what is the consequence where neither party appears when the suit is called on for hearing.
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Question 160 of 200
Under Order VIII, if a defendant fails to specifically deny an allegation in the plaint, what is the general legal effect?
ExplanationThe allegation may be taken as admitted — Under Order VIII, if a defendant fails to specifically deny an allegation in the plaint, what is the general legal effect.
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Question 161 of 200
Under which provision does an appeal lie against an order granting or refusing a temporary injunction under Order XXXIX?
ExplanationOrder XLIII, Rule 1 — Under which provision does an appeal lie against an order granting or refusing a temporary injunction under Order XXXIX.
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Question 162 of 200
Under Order IX, Rule 2's proviso, must a court dismiss the suit if the defendant appears in person or through an agent on the day fixed, despite non-service of summons?
ExplanationNo, dismissal shall not be ordered in that circumstance — Under Order IX, Rule 2's proviso, must a court dismiss the suit if the defendant appears in person or through an agent on the day fixed, despite non-service of summons.
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Question 163 of 200
Under Section 2 CPC, what is a 'Foreign Court'?
ExplanationA Court situated beyond the limits of Pakistan, having no authority in Pakistan and not established or continued by the Federal Government — Under Section 2 CPC, what is a 'Foreign Court'.
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Question 164 of 200
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?
ExplanationIt is deemed to have been directly and substantially in issue in that suit — 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.
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Question 165 of 200
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?
ExplanationYes — 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.
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Question 166 of 200
What does Section 10 CPC (stay of suit) prevent?
ExplanationThis is commonly known as the doctrine of res sub judice.
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Question 167 of 200
Under Order XLI, Rule 10, what may an appellate court demand from an appellant before or after the respondent is called upon to answer?
ExplanationSecurity for the costs of the appeal, of the original suit, or of both — Under Order XLI, Rule 10, what may an appellate court demand from an appellant before or after the respondent is called upon to answer.
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Question 168 of 200
Under Order XLIII, is an order refusing to grant leave to institute a suit under Section 91 or 92 CPC (relating to public nuisances or public charities) generally appealable?
ExplanationYes — Under Order XLIII, is an order refusing to grant leave to institute a suit under Section 91 or 92 CPC (relating to public nuisances or public charities) generally appealable.
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Question 169 of 200
Which Order of the CPC deals specifically with the written statement?
ExplanationOrder VIII — Which Order of the CPC deals specifically with the written statement.
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Question 170 of 200
Under Section 2 CPC, what does 'Government Pleader' include?
ExplanationAny 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 — Under Section 2 CPC, what does 'Government Pleader' include.
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Question 171 of 200
Under Section 2 CPC, what does 'District' mean?
ExplanationThe 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 — Under Section 2 CPC, what does 'District' mean.
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Question 172 of 200
To what territory does the Code of Civil Procedure extend?
ExplanationTo what territory does the Code of Civil Procedure extend: The whole of Pakistan.
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Question 173 of 200
Which section of the CPC governs suits for compensation for wrongs to the person or movable property?
ExplanationSection 19 — Which section of the CPC governs suits for compensation for wrongs to the person or movable property.
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Question 174 of 200
Under Order VII, Rule 11, is a plaint liable to rejection where it is written on paper insufficiently stamped and the plaintiff fails to supply the required stamp paper when so ordered?
ExplanationYes — Under Order VII, Rule 11, is a plaint liable to rejection where it is written on paper insufficiently stamped and the plaintiff fails to supply the required stamp paper when so ordered.
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Question 175 of 200
A party seeks an order preserving disputed property from being sold off before a suit concerning its ownership is decided. Under which CPC Order would this application typically be made?
ExplanationA party seeks an order preserving disputed property from being sold off before a suit concerning its ownership is decided. Under which CPC Order would this application typically be made: Order XXXIX (Temporary Injunctions).
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Question 176 of 200
Distinguish Section 96 from Section 100 CPC (though Section 100 falls outside this syllabus, the contrast clarifies scope): what does Section 96 specifically govern?
ExplanationAppeals from original decrees (first appeals), as opposed to second appeals on questions of law — Distinguish Section 96 from Section 100 CPC (though Section 100 falls outside this syllabus, the contrast clarifies scope): what does Section 96 specifically govern.
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Question 177 of 200
Which section of the CPC preserves the court's inherent powers to secure the ends of justice?
ExplanationSection 151 — Which section of the CPC preserves the court's inherent powers to secure the ends of justice.
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Question 178 of 200
What common purpose links Sections 96, 104, and 115 of the CPC, despite governing different categories of challenge?
ExplanationAll three provide mechanisms — appeal from decrees, appeal from orders, and revision, respectively — by which a higher court may review a lower court's decision — What common purpose links Sections 96, 104, and 115 of the CPC, despite governing different categories of challenge.
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Question 179 of 200
Under Section 2 CPC, what does 'Prescribed' mean?
ExplanationPrescribed by rules — Under Section 2 CPC, what does 'Prescribed' mean.
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Question 180 of 200
What common thread links Order VII, Rule 11 and Order IX generally, despite governing different stages of a suit?
ExplanationBoth provide grounds on which a suit may be terminated at a preliminary stage without a full trial on the merits — rejection of the plaint, and dismissal for non-appearance, respectively — What common thread links Order VII, Rule 11 and Order IX generally, despite governing different stages of a suit.
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Question 181 of 200
Under Section 7 CPC, what is the status of 'Provincial Small Cause Courts' in the current text of the Code?
ExplanationThe provision has been omitted — Under Section 7 CPC, what is the status of 'Provincial Small Cause Courts' in the current text of the Code.
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Question 182 of 200
A court passes a decree, and a dispute later arises between the same parties solely about how that decree is to be satisfied. Under Section 47, how must this dispute be resolved?
ExplanationA court passes a decree, and a dispute later arises between the same parties solely about how that decree is to be satisfied. Under Section 47, how must this dispute be resolved: By the court executing the decree, not by a separate suit.
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Question 183 of 200
Under Order I, may multiple persons be joined as plaintiffs in one suit?
ExplanationYes, where any right to relief in respect of the same act or transaction is alleged to exist, whether jointly, severally, or in the alternative — Under Order I, may multiple persons be joined as plaintiffs in one suit.
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Question 184 of 200
What does the doctrine of res judicata under Section 11 CPC prevent?
ExplanationA court from trying a suit or issue that has already been directly and substantially decided between the same parties by a competent court — What does the doctrine of res judicata under Section 11 CPC prevent.
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Question 185 of 200
Under Order IX, Rule 1, on the day fixed in the summons, where must the parties be in attendance?
ExplanationAt the court-house, in person or by their respective pleaders, unless the hearing is adjourned — Under Order IX, Rule 1, on the day fixed in the summons, where must the parties be in attendance.
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Question 186 of 200
What principle guides courts under Order I in deciding whether to add a party, as clarified in leading case law?
ExplanationOnly persons with a direct interest in the subject-matter, whose presence is necessary for complete adjudication, should be added — What principle guides courts under Order I in deciding whether to add a party, as clarified in leading case law.
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Question 187 of 200
Which Order of the CPC deals with parties to suits?
ExplanationOrder I — Which Order of the CPC deals with parties to suits.
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Question 188 of 200
Distinguish Order VII (Plaint) from Order VIII (Written Statement): what is the core difference in their subject-matter?
ExplanationOrder VII governs the plaintiff's initiating pleading, while Order VIII governs the defendant's responsive pleading — Distinguish Order VII (Plaint) from Order VIII (Written Statement): what is the core difference in their subject-matter.
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Question 189 of 200
Under Order IX, must notice be given to the opposite party before a decree is set aside on an application under this Order?
ExplanationYes, no decree shall be set aside without notice to the opposite party — Under Order IX, must notice be given to the opposite party before a decree is set aside on an application under this Order.
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Question 190 of 200
Under Section 2 CPC, what is a 'judgment' defined as?
ExplanationThe statement given by the judge of the grounds of a decree or order — Under Section 2 CPC, what is a 'judgment' defined as.
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Question 191 of 200
Which section of the CPC governs the general right of appeal from an original decree?
ExplanationSection 96 — Which section of the CPC governs the general right of appeal from an original decree.
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Question 192 of 200
In what year did the Code of Civil Procedure, 1908 come into force?
ExplanationThough passed on 21 March 1908, the Act came into force on 1 January 1909.
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Question 193 of 200
Under Order XLI, Rule 27, is additional evidence generally permitted merely to fill a gap or lacuna in a party's original case at trial?
ExplanationNo, courts have held this power must be exercised sparingly and only in exceptional circumstances, not to cure a party's own failure to prove its case — Under Order XLI, Rule 27, is additional evidence generally permitted merely to fill a gap or lacuna in a party's original case at trial.
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Question 194 of 200
Under Order VII, Rule 1, what must the essential contents of a plaint include?
ExplanationDetails such as the parties' names, the facts constituting the cause of action, and the relief claimed — Under Order VII, Rule 1, what must the essential contents of a plaint include.
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Question 195 of 200
What does Order XLI of the CPC deal with?
ExplanationAppeals from original decrees — What does Order XLI of the CPC deal with.
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Question 196 of 200
Under Section 16 CPC, where must suits for recovery of immovable property generally be instituted?
ExplanationThe court within whose local jurisdiction the property is situated — Under Section 16 CPC, where must suits for recovery of immovable property generally be instituted.
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Question 197 of 200
Under Order XLI, Rule 5, what may the appellate court order pending the disposal of an appeal?
ExplanationA stay of proceedings or execution, or grant an injunction to preserve the status quo — Under Order XLI, Rule 5, what may the appellate court order pending the disposal of an appeal.
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Question 198 of 200
Under Order XXXIX, Rule 1, what is one ground on which a temporary injunction may be granted?
ExplanationThe property in dispute is in danger of being wasted, damaged, or alienated — Under Order XXXIX, Rule 1, what is one ground on which a temporary injunction may be granted.
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Question 199 of 200
Under Order IX, Rule 7, what may happen if a defendant who was absent at a previous hearing appears at a later hearing and shows good cause for the earlier absence?
ExplanationThe court may, in its discretion, allow the defendant to be heard as if he had appeared on the first hearing date — Under Order IX, Rule 7, what may happen if a defendant who was absent at a previous hearing appears at a later hearing and shows good cause for the earlier absence.
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Question 200 of 200
Which specific rule of Order XLI allows an appellate court to demand security for costs from an appellant?
ExplanationRule 10 — Which specific rule of Order XLI allows an appellate court to demand security for costs from an appellant.
0 / 200 answered
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