Code of Civil Procedure Code 1908 LAW GAT MCQS Test 2

1. Question 1 of 50

   Under Order VI, if a defendant denies a contract alleged by the plaintiff, what must the denial specify?

   A Nothing beyond a general denial B The defendant's entire defence strategy C Which part of the contract is denied D The names of all witnesses
2. Question 2 of 50

   What term describes a party wrongly added to a suit without a legal connection to the case?

   A Impleader B Misjoinder C Non-joinder D Interpleader
3. Question 3 of 50

   Under Section 96 CPC, from what does an appeal generally lie to the court authorized to hear appeals?

   A Every decree passed by any court exercising original jurisdiction B Only decrees exceeding a specified value C Only decrees passed with the consent of both parties D Only ex-parte decrees
4. Question 4 of 50

   Under Order VI, what is the consequence of an inconsistency between two pleadings filed by the same party without seeking amendment?

   A No consequence; inconsistency is freely permitted B The inconsistency must be resolved by the opposing party's counsel C The suit is automatically dismissed without further inquiry D The party is generally not permitted to depart from or raise a new claim inconsistent with the original pleading absent amendment
5. Question 5 of 50

   Distinguish Section 96 from Section 100 CPC (though Section 100 falls outside this syllabus, the contrast clarifies scope): what does Section 96 specifically govern?

   A Appeals from interlocutory orders only B Appeals from original decrees (first appeals), as opposed to second appeals on questions of law C Review applications only D Revision applications only
6. Question 6 of 50

   What does Section 47 CPC provide regarding questions relating to the execution, discharge, or satisfaction of a decree?

   A They shall be determined by the court executing the decree and not by a separate suit B They must always be raised in a fresh suit C They can only be raised on appeal D They are automatically waived if not raised at trial
7. Question 7 of 50

   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?

   A Order IX (Appearance of Parties) B Order VII (Plaint) C Order XXXIX (Temporary Injunctions) D Order I (Parties to Suits)
8. Question 8 of 50

   Under Order VI, how should dates, sums, and numbers be expressed in a pleading?

   A In figures only B In words only C In figures as well as in words D In whichever form is more convenient for the drafter
9. Question 9 of 50

   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?

   A Only the Provincial Government may authorise such a correction B To allow the plaintiff to substitute the correct defendant, under its general powers to add, strike out, or substitute parties C None; the suit must be dismissed and refiled entirely from scratch D The suit must proceed against the originally named, incorrect defendant regardless
10. Question 10 of 50

    Under Section 18 CPC, what may a court do where it is uncertain within whose jurisdiction certain immovable property is situated?

    A Automatically transfer the suit to the High Court B Record a statement to that effect and proceed to entertain the suit, provided it is otherwise competent as to value and nature C Refer the matter to the Provincial Government for a ruling D Dismiss the suit for lack of jurisdiction
11. Question 11 of 50

    What does Section 151 CPC preserve?

    A The inherent powers of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court B The power to reduce court fees C The court's power to levy new taxes D The right of a party to change advocates mid-trial
12. Question 12 of 50

    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?

    A Only in the seller's home court, regardless of other factors B At the plaintiff's option, either where the cause of action arose or where the defendant carries on business C Only where the goods were manufactured D Only in the buyer's home court
13. Question 13 of 50

    Under Section 104 CPC, what is generally required for an order to be appealable?

    A It must be one of the orders specifically listed under Section 104 or expressly made appealable by the Code or another law B Every order of a civil court is automatically appealable C Only final orders, never interlocutory ones, are appealable D Only orders passed by a District Judge are appealable
14. Question 14 of 50

    Under Order I, what is the practical consequence of misjoinder or non-joinder of parties on the suit as a whole?

    A The 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 B The entire suit is automatically dismissed C The suit is transferred to a different court D The plaint is permanently rejected without leave to refile
15. Question 15 of 50

    Under Order VI, what does the term 'pleading' mean?

    A Plaint or written statement B Only the written statement C Any document filed in a suit, including evidence D Only the plaint
16. Question 16 of 50

    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?

    A Only in the plaintiff's home jurisdiction B Only where the defendant resides C At the plaintiff's option, in either jurisdiction D Only where the wrong occurred
17. Question 17 of 50

    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?

    A Neither; the suit must be filed in Islamabad as the federal capital B Only in Karachi, since that is the defendant's residence C At the plaintiff's option, either in Lahore (where the wrong occurred) or in Karachi (where the defendant resides) D Only in Lahore, since that is where the cause of action arose
18. Question 18 of 50

    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?

    A Yes, the plaintiff must always choose one defendant at the outset B Yes, unless the High Court grants special leave C No, all such persons may be joined as defendants in the alternative D Yes, uncertainty as to the correct defendant bars any suit
19. Question 19 of 50

    Under Order VI, what is the general effect if a party fails to specifically deny an allegation of fact made against them?

    A The fact may be treated as admitted by the court B The allegation is automatically struck out C The court must order a fresh trial D The case is automatically dismissed
20. Question 20 of 50

    Under Order I, may multiple persons be joined as plaintiffs in one suit?

    A No, only one plaintiff may bring a suit B Only with the defendant's prior consent C Yes, where any right to relief in respect of the same act or transaction is alleged to exist, whether jointly, severally, or in the alternative D Only if they are all members of the same family
21. Question 21 of 50

    Under Order VI, can a party depart from or alter their pleading without the court's leave?

    A Yes, but only with the opposing party's informal consent B Yes, freely at any stage C No, a party generally cannot raise a new claim not mentioned in the original pleadings without amendment D Yes, but only before the first hearing
22. Question 22 of 50

    What does Order VII of the CPC specifically deal with?

    A The plaint B The written statement C Parties to suits D Appeals from orders
23. Question 23 of 50

    What does Order VI of the CPC govern?

    A Pleadings generally B The plaint specifically C The written statement specifically D Parties to suits
24. Question 24 of 50

    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?

    A Only by an application to the High Court in its original jurisdiction B Only by filing a fresh, independent suit C By the court executing the decree, not by a separate suit D Only through arbitration
25. Question 25 of 50

    What term describes the omission of a necessary party from a suit?

    A Interpleader B Non-joinder C Impleader D Misjoinder
26. Question 26 of 50

    Under Section 17 CPC, where may a suit be instituted if immovable property lies within the jurisdiction of different courts?

    A Only in the court with the largest portion of the property B In any court within whose local limits any portion of the property is situated, provided the entire claim is cognizable by that court C Only in the High Court D In every relevant court simultaneously
27. Question 27 of 50

    Distinguish Section 104 from Section 96 CPC: what is the key difference in what each governs?

    A Section 96 governs appeals from decrees, while Section 104 governs appeals from orders that are not decrees B They are identical in scope C Section 104 applies only to execution proceedings D Section 96 applies only to criminal matters
28. Question 28 of 50

    Under Order I, Rule 10, what power does the court have regarding parties to a suit?

    A To substitute, add, or strike out parties at any stage of the proceedings B No power to alter parties once the suit is filed C Only the parties themselves may add or remove co-parties D Only to add parties, never to remove them
29. Question 29 of 50

    Under Order VI, what must a pleading generally avoid containing?

    A Any reference to prior case law B Any scandalous, frivolous, vexatious, or otherwise unnecessary or embarrassing matter C Any reference to the relief sought D Any reference to statutory provisions
30. Question 30 of 50

    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?

    A Appeal directly to the Supreme Court B Apply under Order XXXIX for an injunction C File a fresh suit on the same matter D Apply under Order IX to have the ex parte decree set aside, by showing sufficient cause for non-appearance
31. Question 31 of 50

    Under Order VI, should a pleading state the evidence by which the facts are to be proved?

    A No, pleadings should state material facts only, not the evidence by which they are to be proved B Yes, but only documentary evidence C Yes, all evidence must be pleaded in full D Yes, but only for the plaintiff's pleading
32. Question 32 of 50

    Distinguish Order VII (Plaint) from Order VIII (Written Statement): what is the core difference in their subject-matter?

    A They are identical in scope and purpose B Order VII governs the plaintiff's initiating pleading, while Order VIII governs the defendant's responsive pleading C Order VII applies only to appeals, Order VIII only to original suits D Order VII applies only in the High Court
33. Question 33 of 50

    Under Section 96(3) CPC, can an appeal lie from a decree passed by the court with the consent of the parties?

    A Yes, always B Only with leave of the High Court C Only in family suits D No
34. Question 34 of 50

    Under Order VI, is it necessary for a pleading to plead a matter of law, as opposed to material facts?

    A Yes, but only in suits against the Government B Yes, but only in suits before the High Court C No, generally only material facts need be pleaded, not points of law D Yes, every applicable law must be expressly pleaded in full
35. Question 35 of 50

    Under Order VI, is it generally required that pleadings be initialled by the parties or their counsel?

    A Only for pleadings exceeding a certain length B No, initialling is never required C Yes D Only for pleadings filed in the High Court
36. Question 36 of 50

    What does Order I of the CPC deal with?

    A Pleadings generally B The frame of a suit C Parties to suits D Institution of suits
37. Question 37 of 50

    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?

    A Only where the amount in dispute exceeds a fixed threshold B Whenever the High Court simply disagrees with the outcome C Only where both parties consent to revision D Where 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
38. Question 38 of 50

    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?

    A Only with the prior leave of the High Court B No, the plaintiff must first identify a single defendant before suing C Yes, all such persons may be joined as defendants and the court may decide the question as between them D No, the suit must be dismissed for uncertainty
39. Question 39 of 50

    What is the general relationship between an application under Section 47 CPC and a fresh, independent suit on the same execution dispute?

    A Section 47 applies only to money decrees, never to decrees for possession B An application under Section 47 is the exclusive route; a separate suit on the same dispute is barred C Only a fresh suit is permitted; Section 47 applications were abolished D Both remedies are always freely available and interchangeable at the party's option
40. Question 40 of 50

    Under Section 75 CPC, for what purposes may a court issue a commission?

    A Only to value immovable property B Only to examine witnesses residing abroad C To examine any person, make a local investigation, examine or adjust accounts, or make a partition D Only in criminal contempt proceedings
41. Question 41 of 50

    Under Order VI, if a party pleads that certain conditions precedent were fulfilled before a contract was made, what must they do?

    A Obtain the court's prior approval before pleading this B Specifically mention that the conditions were fulfilled C File a separate application D Nothing; conditions precedent are presumed fulfilled unless denied
42. Question 42 of 50

    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?

    A No, such refusals are never appealable B Only if the Advocate-General personally applies C Yes D Only in suits exceeding a specified value
43. Question 43 of 50

    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?

    A Wait until trial and argue the point only in final submissions B Seek rejection of the plaint under Order VII, Rule 11 C Apply for a temporary injunction under Order XXXIX D File a revision under Section 115 immediately
44. Question 44 of 50

    Under Order VI, must pleadings be signed and verified by the party or their pleader?

    A Only in suits involving the government B Only the plaint requires a signature, not the written statement C No, signing is optional D Yes
45. Question 45 of 50

    What principle guides courts under Order I in deciding whether to add a party, as clarified in leading case law?

    A Only persons with a direct interest in the subject-matter, whose presence is necessary for complete adjudication, should be added B Parties may never be added after the written statement is filed C Any person who requests to join must be added D Only blood relatives of the original parties may be added
46. Question 46 of 50

    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?

    A An application under Section 47 alone B Revision under Section 115 C A fresh suit on the same cause of action D A reference under Section 113 alone
47. Question 47 of 50

    What is the general relationship between Section 115 (revision) and Section 151 (inherent powers) of the CPC?

    A Section 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 B They are entirely interchangeable with no distinction in scope C Section 151 can only be invoked after Section 115 has already been exhausted in every case D Section 115 applies only to criminal matters
48. Question 48 of 50

    Under Section 20 CPC, in what court may a suit generally be instituted, subject to other provisions?

    A Only in the provincial capital B Only in the court that first accepts the case C A 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 D Only where the plaintiff resides
49. Question 49 of 50

    Distinguish Section 115 (revision) from Section 96 (appeal): when does revision under Section 115 typically become available?

    A Revision is available even where a full right of appeal exists and has not been exercised B Revision applies only to criminal matters C Where 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 D Revision and appeal are available in identical circumstances with no distinction
50. Question 50 of 50

    What common purpose links Order VI and Order VII of the CPC?

    A Both concern appellate procedure exclusively B Both concern the formal requirements of pleadings — Order VI generally, and Order VII specifically as to the plaint C Both concern execution of decrees exclusively D Both concern the law of evidence exclusively

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