Free Test 2. CPC for LAW-GAT & SEE-LAWBy Hanzala / March 13, 2025 Free Test: 2 1. As per Explanation of Section 2(2) of the Civil Procedure Code 1908, a/an ________ is preliminary when further proceedings have to be taken before the suit can be completely disposed of. (LAW-GAT – June 2024) a) decree b) judgement c) order d) ruling 2. As per Section 2(6) of the Civil Procedure Code 1908, "foreign judgment" means the judgment of a ___________. (LAW-GAT – June 2024) a) court outside from Pakistan b) foreign Court c) court outside the jurisdiction of the SC d) court outside the jurisdiction of all the HC 3. As per Section 2(10) of the Code of Civil Procedure 1908, ___________ means any person against whom a decree has been passed or an order capable of execution has been made. (LAW-GAT – June 2024) a) decree holder b) judgement-debtor c) judgement-holder d) respondent 4. As per Section 2(15) of the Civil Procedure Code 1908, "pleader" means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a ____________ Court. (LAW-GAT – June 2024) a) District b) Federal c) High d) Supreme 5. As per Section 9 of the Civil Procedure Code 1908, the Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a ___________ nature excepting suits of which their cognizance is either expressly or impliedly barred. (LAW-GAT – June 2024) a) civil b) contractual c) family d) Judicial 6. As per Section 16(f) of the Civil Procedure Code 1908 subject to the pecuniary or other limitations prescribed by any law, suits for the recovery of ___________ property actually under distraint or attachment shall be instituted in the court with in the local limits of whose jurisdiction the property is situate. (LAW-GAT – June 2024) a. Immoveable b. Intellectual c. moveable d. tangible 7. As per Explanation I of Section 20 of the Civil Procedure Code 1908, where a person has permanent dwelling at one place and also a temporary residence at another place, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such ______________. (LAW-GAT – June 2024) a) permanent residence b) place of business c) place of service d) temporary residence 8. As per Section 47(3) of the Civil Procedure Code 1908, where a ____________ arises as to whether any person is or is not the representative of a party, such _________shall, for the purposes of this section, be determined by the Court. (LAW-GAT – June 2024) a) doubt ……. doubt b) problem ….. problem c) query ……. query d) question …… question 9. As per section 75(d) the Civil Procedure Code 1908, subject to such conditions and limitations as may be prescribed, the _____________ may issue a commission to make a partition. (LAW-GAT – June 2024) a. Court b. District Court c. High Court d. Revenue Court 10. As per Section 151 of the Civil Procedure Code 1908, nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to be exercised after _____________ to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. (LAW-GAT – June 2024) a. recording evidence in writing b. recording reasons in writing c. recording statement of parties d. recording statement of witnesses 11. As per Order I Rule 5 of the Civil Procedure Code 1908, it ____________ be necessary that every defendant shall be interested as to all the relief claimed in any suit against him. (LAW-GAT – June 2024) a. may b. may not c. shall d. shall not 12. As per Order VI Rule 3 of the Civil Procedure Code 1908, the forms in Appendix A when applicable, and where they are not applicable forms of the like character, as nearly as may be, shall be used for ________________. (LAW-GAT – June 2024) a. all plaints b. all pleadings c. all written statements d. supplemental proceedings 13. As per Order VI Rule 15(3) of the Civil Procedure Code 1908, the verification shall be signed by ____________ and shall state the date on which and the place at which it was signed. (LAW-GAT – June 2024) a. notary public b. oath commissioner c. presiding officer d. the person making it 14. As por Order VII Rule 1(h) of the Civil Procedure Code 1908, the plaint shall contain the particulars, where the plaintiff has allowed a/an _______________ or relinquished a portion of his claim, the amount so allowed or relinquished. (LAW-GAT – June 2024) a) alteration b) change c) set-off d) variation 15. As per Order VIII Rule 7 of the Civil Procedure Code 1908, where the ____________ relies upon several distinct grounds of defence or set off founded upon separate and distinct facts, they shall be stated, as far as may be, separately and distinctly. (LAW-GAT – June 2024) a) defendant b) legal representative c) parties d) plaintiff 16. As per Order VIII Rule 10 of the Civil Procedure Code 1908, where any party from whom a written statement is so required fails to present the same within _____________ the Court may pronounce judgment against him or make such order in relation to the suit as it thinks fit. (LAW-GAT – June 2024) a) thirty days b) fifteen days c) sixty days d) the time fixed by Court 17. As per Order IX Rule 3 of the Civil Procedure Code 1908, where _____________ appear(s) when the suit is called for hearing, the Court may make an order that the suit be dismissed. (LAW-GAT – June 2024) a) neither party b) plaintiff does not c) respondent does not d) witnesses do not 18. As per Order XXXIX Rule 7(1)(a) of the Civil Procedure Code 1908, the Court may, on the application of any party to a suit, and on such terms as it thinks fit, make an order for the detention, preservation or inspection at any _____________ which is the subject matter of such suit, or as to which any question may arise therein. (LAW-GAT – June 2024) a) document b) immoveable property c) moveable property d) property 19. As per Order XLI Rule 3(2) of the Civil Procedure Code 1908, where the Court rejects any ____________ it shall record the reasons for such rejection. (LAW-GAT – June 2024) a. appeal b. application c. memorandum d. review 20. As per Order XLI Rule 17(2) of the Civil Procedure Code 1908, where the appellant appears and the respondent does not appear, the appeal shall be _______________. (LAW-GAT – June 2024) a) accepted b) adjourned c) dismissed d) heard ex parte 21. The Code of Civil Procedure, 1908 came into force on ______. a) 1st January, 1908 b) 1st January, 1909 c) 1st March, 1908 d) 1st April, 1909 22. A decree that completely disposes of the suit is known as a ______ decree. a) Final b) Preliminary c) Temporary d) Pending 23. Courts shall have jurisdiction to try all civil suits, except those expressly or impliedly ________. a) Allowed b) Barred c) Ignored d) Postponed 24. A plaintiff, under section 10, can stay a suit if the matter in issue is substantially in issue in a previously instituted suit between ________. a) The same parties b) Different parties c) Third parties d) No parties 25. In case of uncertainty regarding the Court's jurisdiction for immoveable property, which action may a Court take? a) The Court must refuse to entertain the case b) The Court may record a statement and proceed with the case c) The Court must transfer the case to a higher Court d) The Court must dismiss the case 26. A defendant residing in Karachi and a plaintiff in Quetta may file a suit for compensation for a wrong done in Karachi. Where can the suit be filed? a) Only in Karachi b) Only in Quetta c) Either in Karachi or Quetta d) In Islamabad 27. Section 104(2) specifies that no appeal shall lie from an order passed in __________. a) Appeal b) Revision c) Execution d) A decree 28. Section 75 grants the Court the power to issue a commission for __________. a) Investigation of facts b) Making a partition c) Examination of the parties d) All of the above 29. What power does the Court have if joinder of plaintiffs may delay the trial? a) The Court can dismiss the suit entirely. b) The Court can order separate trials or put the plaintiffs to their election. c) The Court can order a delay in the suit. d) The Court can limit the number of plaintiffs to a certain number. 30. What happens if a suit is instituted in the name of the wrong person? a) The suit is automatically dismissed. b) The Court can order a substitution or addition of the correct plaintiff if there was a bona fide mistake. c) The suit cannot proceed until the correct plaintiff is added. d) The Court will strike out the suit completely.