Test 2 - pakarbiter

Q1. Section 11 of the CPC prevents a court from trying a suit or issue which:

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A. Has been admitted by both parties in the previous suit

B. Is of criminal nature

C. Has been raised in the same court by different parties

D. Has already been directly and substantially in issue in a former suit between the same parties and finally decided

Q2. According to Section 12(1) of CPC, a plaintiff is barred from instituting a further suit:

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A. If he loses the case in a criminal court

B. If he settles the matter outside the court

C. . If barred by rules from suing again on the same cause of action

D. If the opposite party files an appeal

Q3. Under Section 10 of the Code of Civil Procedure, 1908, a court shall not proceed with the trial of a suit when:

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A. The parties belong to different provinces

B. The plaintiff fails to appear at the first hearing

C. The matter in issue is already directly and substantially in issue in a previously instituted suit between the same parties

D. The previous suit is filed in a foreign court

Q4. As per the Explanation to Section 16 CPC, the word “property” refers to:

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A. Any property owned by the defendant

B. Property listed in a government gazette

C. Property under dispute in any country

D. Property situated in Pakistan

Q5. According to Section 9 of the Code of Civil Procedure, 1908, civil courts have jurisdiction to try:

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A. Civil suits involving public servants only

B. All suits of a civil nature unless their cognizance is expressly or impliedly barred

C. Only criminal cases filed by private individuals

D. Civil appeals from High Courts only

Q6. According to Section 15 of the Code of Civil Procedure, every suit must be instituted:

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A. In the court of the lowest grade competent to try it

B. In any court chosen by the plaintiff

C. In the court nearest to the plaintiff’s residence

D. In the High Court only

Q7. Which of the following duties would qualify a person as a "public officer"?

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A. Taking charge or disposing of property on behalf of the Government

B. Selling goods in a private store

C. Conducting business audits for a private firm

D. Reporting for a news agency

Q8. According to Section 5 of the Code of Civil Procedure, who has the authority to modify the application of procedural provisions to Revenue Courts?

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A. The Federal Government

B. The Chief Justice of the High Court

C. The Supreme Court of Pakistan

D. The Provincial Government

Q9. Under Section 3 of the Code of Civil Procedure, the hierarchy and subordination of Civil Courts is determined by which of the following laws?

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A. West Pakistan Civil Courts Ordinance, 1962

B. Code of Criminal Procedure, 1898

C. Constitution of Pakistan, 1973

D. Legal Practitioners and Bar Councils Act, 1973

Q10. Who among the following is considered a "public officer" under the given definition?

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A. A private lawyer appearing in court

B. A freelance journalist

C. A private security guard

D. A commissioned officer in the Pakistan Navy while in state service

Q11. According to Explanation IV of Section 11 CPC, a matter is deemed to be directly and substantially in issue if:

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A. It was only mentioned in the evidence

B. It was never pleaded or admitted

C. It might and ought to have been made a ground of defense or attack in the former suit

D. It was ignored by both parties in the earlier litigation

Q12. Under the definition provided, which person is NOT considered a "public officer"?

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A. A police officer responsible for preventing offences

B. A judge of the High Court

C. A person hired to clean private offices

D. A court interpreter appointed by a judge

Q13. Under Section 12(2) of CPC, a person alleging fraud or misrepresentation in a judgment must:

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A. File an application before the same court that passed the judgment

B. Approach the Supreme Court directly

C. File a fresh civil suit in any competent court

D. Submit a complaint before the police

Q14. Section 16 CPC applies to which of the following types of suits?

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A. Suits between two companies

B. Suits relating to immovable property, like partition, foreclosure, or compensation for wrong

C. Suits for recovery of debts

D. Suits related to inheritance only

Q15. Under Section 6 of the Code of Civil Procedure, 1908, a court shall not have jurisdiction to try a suit if:

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A. The suit involves a question of law

B. The suit relates to a foreign defendant

C. The value of the subject matter exceeds the court’s pecuniary jurisdiction

D. The plaintiff resides outside the jurisdiction of the court

Q16. According to Section 16 CPC, a suit for recovery of immovable property shall be instituted:

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A. In any civil court of competent jurisdiction

B. In the High Court

C. In the court within whose local limits the property is situated

D. In the court where the plaintiff resides

Q17. According to Section 17 CPC, when immovable property is situated within the jurisdiction of different courts, the suit may be instituted:

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A. In any court within whose local limits any portion of the property is situated

B. Only in the court where the larger portion of the property is situated

C. In the High Court of the province

D. In the court where the defendant resides

Q18. Under the proviso to Section 17 CPC, a suit can be filed in any court where part of the property is located, provided:

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A. The defendant appears and agrees

B. The plaintiff consents to divide the property

C. The court is competent to try the entire value of the subject matter of the suit

D. The property is jointly owned

Q19. A suit for compensation for wrong to immovable property may also be filed where the defendant:

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A. Is related to the plaintiff

B. Actually and voluntarily resides or carries on business

C. Owns another property in the same area

D. Is the owner of the property

Q20. As per Explanation I to Section 11 CPC, the term “former suit” refers to:

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A. Only the earliest filed case between the parties

B. A suit that has been decided prior to the current suit, regardless of when it was filed

C. A suit filed in the Supreme Court only

D. A foreign suit decided by a court outside Pakistan

Test 2🎓 Best of Luck!

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