Test 3 - pakarbiter

Q1. An appeal lies under Section 104 from an order:

1 Marks

A. Granting adjournment in a suit

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

C. Granting bail in a civil matter

D. Issuing summons to witness

Q2. 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 the Supreme Court by special permission

B. Only in the High Court

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

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

Q3. As per Section 104(2) CPC, no appeal shall lie from:

1 Marks

A. A consent decree

B. Any ex-parte decree

C. Any order passed in appeal under this section

D. Orders passed under arbitration law

Q4. Under Section 18(2) CPC, an appellate or revisional court shall not allow an objection regarding jurisdiction unless:

1 Marks

A. The judge was absent during trial

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

C. The plaintiff changes residence after filing suit

D. The decree was passed by a lower court

Q5. According to Section 47 CPC, all questions relating to the execution, discharge, or satisfaction of a decree shall be decided:

1 Marks

A. By filing a new civil suit

B. By the appellate court only

C. Through arbitration

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

Q6. Where there are multiple defendants, a suit can be instituted under Section 20 CPC if:

1 Marks

A. All defendants live outside Pakistan

B. Only one of the defendants refuses to appear

C. The plaintiff chooses any court

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

Q7. 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 conduct a local investigation

C. To examine any person

D. To make a partition

Q8. Under Section 96 CPC, which of the following statements is true?

1 Marks

A. An appeal always lies, even from consent decrees

B. No appeal lies from any decree at all

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

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

Q9. According to Section 75 CPC, a court may issue a commission:

1 Marks

A. Only with the consent of both parties

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

C. Only to arrest a witness

D. Only in criminal trials

Q10. Under Section 20 CPC, a suit may be instituted in a court within whose jurisdiction:

1 Marks

A. The plaintiff resides

B. The defendant once visited for business

C. The lawyer of the defendant resides

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

Q11. 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 case involved a minor

B. The judge was absent during arguments

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

D. The case was decided by consent of the parties

Q12. 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. Must file the suit only where the plaintiff resides

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

D. Can only file suit in the Supreme Court

Q13. Section 19 CPC applies to suits which are filed for:

1 Marks

A. Compensation for wrongs to person or moveable property

B. Enforcement of a contract

C. Recovery of land revenue

D. Partition of immovable property

Q14. An appeal lies from an order under CPC that:

1 Marks

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

B. Is issued by the High Court only

C. Relates to administrative functions

D. Is passed by a magistrate

Q15. According to Section 96(1) CPC, an appeal shall lie from every decree passed by a court:

1 Marks

A. Exercising original jurisdiction, unless otherwise expressly provided

B. Only when both parties agree

C. Exercising appellate jurisdiction

D. Only in criminal matters

Q16. Under Explanation II to Section 20, a corporation is deemed to carry on business:

1 Marks

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

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

C. Only at its registered office

D. Only where it was incorporated

Q17. As per the Explanation to Section 47 CPC, a plaintiff whose suit has been dismissed is

1 Marks

A. Allowed to challenge the decree in criminal court

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

C. Required to file a new suit for execution

D. Not a party once the suit is dismissed

Q18. According to Section 104(1) CPC, an appeal shall lie from:

1 Marks

A. Orders passed by a police officer

B. Any order passed by a civil court

C. Orders passed in family disputes

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

Q19. Under Section 104 CPC, an appeal may lie from an order passed under:

1 Marks

A. Section 144 (Restitution)

B. Section 80 (Notice)

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

D. Section 152 (Correction of errors)

Q20. According to Section 20 CPC, a suit can also be instituted in a court where:

1 Marks

A. The plaintiff has a business

B. The parties agree in writing

C. The cause of action wholly or in part arises

D. The judgment is expected to be favorable

Quick Links

Test 3🎓 Best of Luck!---- 20 Questions---- 45 Minutes

حَسْبِيَ اللَّهُ لاَ إِلَهَ إِلاَّ هُوَ عَلَيْهِ تَوَكَّلْتُ وَهُوَ رَبُّ الْعَرْشِ الْعَظِيمِ