CPC CURE MCQs.

[Khalid H Soomro]

CPC CURE MCQs.
Q1. A decree shall not include:-
Ans:- Aformal expression of adjudication which conclusively determines the rights of a party, & any order of dismissal for default.
Q2. Government Pleader” includes any officer appointed by the:-
Ans:- Provincial government.
Q3. Judge means the Presiding officer of :-
Ans:- A High Court.
Q4. Share in a Corporation includes:-
Ans:- Stock, debenture stock & Debentures or bonds.
Q5. According to section 3 CPC, the District Court is sub-ordinate to :-
Ans:- High Court.
Q6. The courts have jurisdiction to try all suits of a civil nature except :-
Ans:- Suits which are expressly or impliedly barred by law.
Q7. No court shall proceed the trial of any suit, on the same cause of action, which is pending before:-
Ans:- Any other court in Pakistan.
Q8. Where a plaintiff is precluded by the rules from instituting a further suit in respect Any particular cause of action, lhe shall not be entitled to institute in respect of such cause of action in:-
Ans:- Any court in the Pakistan.
Q9. Every civil suit shall be instituted in:-
Ans:- Court of lowest grade having competent authority.
Q:10. Subject to pecuniary or other limitations prescribed by any law, suits pertaining to any immovable property shall be instituted:-
Ans:- In courts situated at a place where the cause of action has wholly arisen, & In courts within the local limits of whose jurisdiction the property is situated.
Q:11. Suits for immovable property within the jurisdiction of different courts, shall be instituted in the court within the local limit of jurisdiction:-
Ans:- Any portion of the property is situate.
Q:12. No objection as to the place of suing shall be allowed by:-
Ans:- The court of the first instance & any provisional or appellate court.
Q:13. Where the several courts having jurisdiction are subordinate to the same appellate court, an application under section 22 CPC shall be made to :-
Ans:- The appellate court.
Q:14. General power of withdrawal and transfer has been dealt with under section:-
Ans:- 24 CPC.
Q:15. The court may compel the attendance of any person to whom a summon has been issued under section 30.CPC, and for that purpose may:-
Ans:- Issue a warrant for his arrest or attach his property, Impose a fine upon him not exceeding 2000 rupees. & Order him to furnish security for the appearance and in default commit him to the prison.
Q:16. Where the court is of opinion that a suit was instituted with intent to avoid the payment of any public dues payable by the plaintiff or on his behalf, the court may, while dismissing such suit make an order for payment of interest on such public dues at the rate of:-
Ans:- Two percent above the prevailing bank rate.
Q:17. Under section 35 CPC, the court may give interest or costs at any rate not exceeding:-
Ans:- 6 percent per annum.
Q:18. A decree may be executed by:-
Ans:- The court which passed it.
Q:19. Where a decree is sent for execution in other province, it shall be sent to such court and executed in such manner as may be prescribed by:-
Ans:- According to the Rules enforced in the province to which it is sent.
Q:20. Where the certified copy of a decree courts of the united Kingdom or any reciprocating territory has been filed in a district court, decree may be executed in Pakistan as if it had been passed by:-
Ans:- District Court.
Q:21. The subjects of percepts has been discussed under:-
Ans:- Section 46 of CPC.
[COLOR="rgb(139, 0, 0)"]Q:22. All questions arising between the parties to suit in which the decree was passed, or their representatives, and relating to execution, discharge or satisfaction of decree, shall be determined by:-
Ans:- The court executing the decree.
[COLOR="rgb(139, 0, 0)"]Q:23. Where the judgment debtor dies before the decree has been fully satisfied, the holder of the decree:-[/COLOR]
Ans:- May apply to the court which passed it to execute the same against the legal representatives of the deceased.
[COLOR="rgb(139, 0, 0)"]Q:24. Under section 58 of CPC, every person detained in prison in execution of a decree shall be released from such detention before the expiry period of detention, if:-[/COLOR]
Ans:- The amount mentioned in the warrant for his detention is paid to the officer-in-charge of the prison, OR, The decree against him is otherwise fully satisfied, & The person on whose application he has been detained so requests.
[COLOR="rgb(139, 0, 0)"]Q:25. Under section 55 of CPC, a judgment debtor may be arrested in execution of a decree and as soon as practicable be brought before the court, which may make an order for his detention in prison to suffer simple imprisonment for a period not exceeding:-[/COLOR]
Ans:- One year.
[COLOR="rgb(139, 0, 0)"]Q:26. The property which shall be liable to attachment and sale in execution of decree is listed in section:-[/COLOR]
Ans:- 60.CPC.
[COLOR="rgb(139, 0, 0)"]Q:27. Where an attachment has been made, any private transfer or delivery of the property attached or of any interest therein and any payment to the judgment debtor of any debt, dividend or other moneys contrary to such attachment, shall be:-[/COLOR]
Ans:- Avoidable as against all claims enforceable under the attachment.
[COLOR="rgb(139, 0, 0)"]Q:28. Where immovable property is sold in execution of a decree and such sale has become absolute the property shall be deemed to have vested in the purchase from the time:-[/COLOR]
Ans: When the property is sold.
[COLOR="rgb(139, 0, 0)"]Q:29. The rules for transferring execution of certain decrees, in any local area, to the collector shall be declared by notification in the official gazette of:-[/COLOR]
Ans:- Local Government.
[COLOR="rgb(139, 0, 0)"]Q:30. If Judgment debtor offers resistance to the purchaser of the property sold in execution of a decree, without any just cause, while taking possession may, at the will of the court, have to undergo a simple imprisonment for a term which may extend to:-[/COLOR]
Ans:- 30 days under section 74.CPC.
[COLOR="rgb(139, 0, 0)"]Q:31. Under section 75 of CPC, the court is empowered to issue a commission to:-[/COLOR]
Ans:- Examine or adjust account or any person, and make a local investigation.
[COLOR="rgb(139, 0, 0)"]Q:32. In lieu of issuing a commission, the court may issue a letter of request to examine a witness residing at place not within:-[/COLOR]
Ans:- Pakistan.
[COLOR="rgb(139, 0, 0)"]Q:33. A public officer may be exempted from arrest and personal appearance under section:-[/COLOR]
Ans;- 81.CPC.
[COLOR="rgb(139, 0, 0)"]Q:34. Under section 83 of CPC, alien enemies residing in Pakistan may sue in the courts in the provinces, with the permission of:-[/COLOR]
Ans:- The federal Government.
[COLOR="rgb(139, 0, 0)"]Q:35. A foreign state may sue in any court in the provinces, provided:-[/COLOR]
Ans:- Such state has been recognized by the federal government, OR, The object of the suit is to enforce a private right vested in the head of such state in his public capacity, OR, vested in any officer of such state in his public capacity.
[COLOR="rgb(139, 0, 0)"]Q:36. Any suit for public nuisance, under section 91, may be instituted by:-
[COLOR="rgb(139, 0, 0)"][COLOR="rgb(139, 0, 0)"][COLOR="rgb(139, 0, 0)"]
Ans:- Advocate General, OR, by two or more persons having obtained such written permission from the Advocate General.
[COLOR="rgb(139, 0, 0)"]Q:37. An appeal shall lie:-[/COLOR]
Ans:- From any decree passed by any court exercising original Jurisdiction, OR, From an ex-parte passed decree.
[COLOR="rgb(139, 0, 0)"]Q:38. The matter of an appeal headed by two or more judges come under the purview of section:-[/COLOR]
Ans:- 98.CPC.
[COLOR="rgb(139, 0, 0)"]Q:39. No decree shall be reversed or modified for error or irregularity not affecting:-[/COLOR]
Ans:- The merits of the case, OR, The jurisdiction of the Court.
[COLOR="rgb(139, 0, 0)"]Q:40. An appeal shall lie to the High Court from every decree passed in appeal by any subordinate court on the ground that:-[/COLOR]
Ans:- The decision being contrary to law, OR, The decision having failed to come upto standard of Law, & An error or defect in the decision of the case upon the merits.
[COLOR="rgb(139, 0, 0)"]Q:41. No second appeal shall lie in any suit:-[/COLOR]
Ans:- When the amount or value or the subject matter of the original suit does not exceed Rs.2,50,000/-.
[COLOR="rgb(139, 0, 0)"]Q:42. No appeal shall lie from any order passed in appeal under section:-[/COLOR]
Ans:- 105.CPC.
[COLOR="rgb(139, 0, 0)"]Q:43. An appellate court shall have power to:-[/COLOR]
Ans:- Determine a case finally and to remand a case, OR, Frame issues and refer them for trial, OR, Take additional evidence or to require such evidence to be taken.
[COLOR="rgb(139, 0, 0)"]Q:44. The barring of certain appeals to the supreme court comes under the purview of section:-[/COLOR]
Ans:- 111.CPC.
[COLOR="rgb(139, 0, 0)"]Q:45. A review could be filed under section:-[/COLOR]
Ans:- 114.CPC.
[COLOR="rgb(139, 0, 0)"]Q:46. The subject of the revision comes under purview of section:-[/COLOR]
Ans:- 115.CPC.
[COLOR="rgb(139, 0, 0)"]Q:47. Under section 115(2) a District Court may exercise the power of:-[/COLOR]
Ans:- Revision.
[COLOR="rgb(139, 0, 0)"]Q:48. Under section 115(4), the High Court shall not entertain any proceedings in revision against:-[/COLOR]
Ans:- An order made by District Court under section 115(2) of CPC.
[COLOR="rgb(139, 0, 0)"]Q:49. Part IX of the CPC applied only to the:-[/COLOR]
Ans:- High Courts.
[COLOR="rgb(139, 0, 0)"]Q:50. Section 119 CPC deals with:-[/COLOR]
Ans:- Unauthorized person not to address the court.