Test 3 - pakarbiter

Q1. Under Section 104 CPC, an appeal may lie from an order passed under:

1 Marks

A. Section 144 (Restitution)

B. Section 152 (Correction of errors)

C. Section 95 (compensation for obtaining arrest, attachment, or injunction on insufficient grounds)

D. Section 80 (Notice)

Q2. Which of the following is not a purpose for which a commission can be issued under Section 75 CPC?

1 Marks

A. To punish a party for contempt

B. To examine any person

C. To conduct a local investigation

D. To make a partition

Q3. According to Section 75 CPC, a court may issue a commission:

1 Marks

A. Only to arrest a witness

B. Only with the consent of both parties

C. Only in criminal trials

D. To examine any person, conduct local investigation, adjust accounts, or make a partition

Q4. Under Section 96 CPC, which of the following statements is true?

1 Marks

A. An appeal always lies, even from consent decrees

B. An appeal can lie from an ex-parte decree but not from a consent decree

C. No appeal lies from any decree at all

D. An ex-parte decree must be challenged only by review, not appeal

Q5. According to Section 19 CPC, if a wrong to person or movable property occurs in one area, and the defendant resides in another, the plaintiff:

1 Marks

A. Can only file suit in the court where the wrong occurred

B. Can only file suit in the Supreme Court

C. May file the suit in either court—where the wrong occurred or where the defendant resides

D. Must file the suit only where the plaintiff resides

Q6. Under Section 18(2) CPC, an appellate or revisional court shall not allow an objection regarding jurisdiction unless:

1 Marks

A. There was no reasonable ground for uncertainty and there was a consequent failure of justice

B. The judge was absent during trial

C. The decree was passed by a lower court

D. The plaintiff changes residence after filing suit

Q7. According to Section 115(1) CPC, the High Court may call for the record of a case decided by a subordinate court if:

1 Marks

A. The court exercised jurisdiction not vested in it, failed to exercise jurisdiction, or acted illegally or with material irregularity

B. The judge was absent during arguments

C. The case involved a minor

D. The case was decided by consent of the parties

Q8. Under Explanation II to Section 20, a corporation is deemed to carry on business:

1 Marks

A. At any place in Pakistan, regardless of cause of action

B. At its principal office or where it has a subordinate office and the cause of action arises

C. Only at its registered office

D. Only where it was incorporated

Q9. According to Section 20 CPC, a suit can also be instituted in a court where:

1 Marks

A. The cause of action wholly or in part arises

B. The judgment is expected to be favorable

C. The plaintiff has a business

D. The parties agree in writing

Q10. Section 19 CPC applies to suits which are filed for:

1 Marks

A. Recovery of land revenue

B. Compensation for wrongs to person or moveable property

C. Enforcement of a contract

D. Partition of immovable property

Q11. According to Section 104(1) CPC, an appeal shall lie from:

1 Marks

A. Orders passed by a police officer

B. Orders passed in family disputes

C. Any order passed by a civil court

D. Specific orders expressly mentioned in the Code or allowed by law

Q12. An appeal lies under Section 104 from an order:

1 Marks

A. Issuing summons to witness

B. Granting bail in a civil matter

C. Refusing leave to institute a suit under Section 91 or 92

D. Granting adjournment in a suit

Q13. As per Section 104(2) CPC, no appeal shall lie from:

1 Marks

A. A consent decree

B. Any order passed in appeal under this section

C. Orders passed under arbitration law

D. Any ex-parte decree

Q14. Under Section 20 CPC, a suit may be instituted in a court within whose jurisdiction:

1 Marks

A. The defendant resides, carries on business, or personally works for gain

B. The lawyer of the defendant resides

C. The defendant once visited for business

D. The plaintiff resides

Q15. An appeal lies from an order under CPC that:

1 Marks

A. Relates to administrative functions

B. Is passed by a magistrate

C. Is issued by the High Court only

D. Imposes a fine or directs civil arrest or detention, except in execution of a decree

Q16. According to Section 18(1) CPC, if there is uncertainty about the local jurisdiction of immovable property, a suit can be instituted:

1 Marks

A. In any one of the courts where the property is alleged to be situated, if the court is satisfied of the uncertainty

B. Only after determining the exact jurisdiction through a revenue officer

C. Only in the High Court

D. In the Supreme Court by special permission

Q17. According to Section 47 CPC, all questions relating to the execution, discharge, or satisfaction of a decree shall be decided:

1 Marks

A. By the court executing the decree and not by a separate suit

B. By filing a new civil suit

C. By the appellate court only

D. Through arbitration

Q18. According to Section 96(1) CPC, an appeal shall lie from every decree passed by a court:

1 Marks

A. Exercising appellate jurisdiction

B. Only in criminal matters

C. Exercising original jurisdiction, unless otherwise expressly provided

D. Only when both parties agree

Q19. Where there are multiple defendants, a suit can be instituted under Section 20 CPC if:

1 Marks

A. Any one defendant resides or carries on business within the jurisdiction and the others acquiesce or court grants leave

B. The plaintiff chooses any court

C. Only one of the defendants refuses to appear

D. All defendants live outside Pakistan

Q20. As per the Explanation to Section 47 CPC, a plaintiff whose suit has been dismissed is

1 Marks

A. Not a party once the suit is dismissed

B. Still considered a party to the suit for purposes of execution proceedings

C. Allowed to challenge the decree in criminal court

D. Required to file a new suit for execution

Test 3🎓 Best of Luck!

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