Test 3 - pakarbiter

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

1 Marks

A. Section 152 (Correction of errors)

B. Section 80 (Notice)

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

D. Section 144 (Restitution)

Q2. According to Section 75 CPC, a court may issue a commission:

1 Marks

A. Only with the consent of both parties

B. Only to arrest a witness

C. Only in criminal trials

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

Q3. 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. The decree was passed by a lower court

C. The plaintiff changes residence after filing suit

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

Q4. 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. Only in the High Court

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

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

D. In the Supreme Court by special permission

Q5. 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 plaintiff resides

C. The defendant once visited for business

D. The lawyer of the defendant resides

Q6. 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 judge was absent during arguments

B. The case involved a minor

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

Q7. According to Section 96(1) CPC, an appeal shall lie from every decree passed by a court:

1 Marks

A. Only when both parties agree

B. Exercising original jurisdiction, unless otherwise expressly provided

C. Exercising appellate jurisdiction

D. Only in criminal matters

Q8. Where there are multiple defendants, a suit can be instituted under Section 20 CPC if:

1 Marks

A. All defendants live outside Pakistan

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

C. Only one of the defendants refuses to appear

D. The plaintiff chooses any court

Q9. 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 Supreme Court

B. Must file the suit only where the plaintiff resides

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

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

Q10. 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 where it was incorporated

D. Only at its registered office

Q11. Section 19 CPC applies to suits which are filed for:

1 Marks

A. Recovery of land revenue

B. Enforcement of a contract

C. Partition of immovable property

D. Compensation for wrongs to person or moveable property

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

1 Marks

A. Granting bail in a civil matter

B. Granting adjournment in a suit

C. Issuing summons to witness

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

Q13. 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. Not a party once the suit is dismissed

D. Required to file a new suit for execution

Q14. According to Section 47 CPC, all questions relating to the execution, discharge, or satisfaction of a decree shall be decided:

1 Marks

A. Through arbitration

B. By filing a new civil suit

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

D. By the appellate court only

Q15. As per Section 104(2) CPC, no appeal shall lie from:

1 Marks

A. Orders passed under arbitration law

B. A consent decree

C. Any order passed in appeal under this section

D. Any ex-parte decree

Q16. 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 passed by a magistrate

C. Is issued by the High Court only

D. Relates to administrative functions

Q17. Under Section 96 CPC, which of the following statements is true?

1 Marks

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

B. An appeal always lies, even from consent decrees

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

D. No appeal lies from any decree at all

Q18. Which of the following is not a purpose for which a commission can be issued under Section 75 CPC?

1 Marks

A. To examine any person

B. To conduct a local investigation

C. To make a partition

D. To punish a party for contempt

Q19. According to Section 104(1) CPC, an appeal shall lie from:

1 Marks

A. Orders passed in family disputes

B. Orders passed by a police officer

C. Any order passed by a civil court

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

Q20. 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 parties agree in writing

C. The plaintiff has a business

D. The judgment is expected to be favorable

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

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