The Code of Civil Procedure, 1908 (CPC), is comprehensive legislation that governs the procedural aspects of civil litigation in Pakistan. It provides the legal framework for enforcing civil rights and resolving disputes in civil courts. The CPC ensures uniformity and fairness in the adjudication of civil matters while maintaining procedural efficiency.
Importance of Preparing CPC for LAW GAT
The CPC holds significant importance in the LAW GAT exam due to its pivotal role in civil law practice. Questions in the exam may test your understanding of:
- Jurisdiction of civil courts.
- Filing and dismissal of suits.
- Execution of decrees.
- Appeals, reviews, and revisions.
- Special procedures, such as temporary injunctions or interpleader suits.
Strategy for Preparation
To prepare effectively for the CPC portion of the LAW GAT exam, a section-wise approach is essential. Focus on the following key sections, which frequently appear in exams and are fundamental to understanding civil procedure:
Section 9: Jurisdiction of Civil Courts
- Explains the principle that civil courts have jurisdiction to try all suits of a civil nature unless explicitly barred.
Section 10: Stay of Suit
- Discusses the doctrine of res sub judice, preventing the trial of suits on the same matter already pending in another competent court.
Section 11: Res Judicata
- A fundamental rule ensures that a matter once decided cannot be reopened between the same parties.
Section 12: Bar to Further Suit
- Prohibits the filing of a fresh suit on the same cause of action where a court has already issued a ruling.
Sections 15 to 20: Place of Suing
- Outline the rules regarding jurisdiction based on the location of the property, cause of action, or residence of the parties:
- Section 15: Suits to be filed in the lowest court competent to try them.
- Section 16: Suits related to immovable property.
- Section 17: Suits involving immovable property situated in different jurisdictions.
- Section 18: Jurisdiction where there is uncertainty.
- Section 19: Suits for compensation for wrongs.
- Section 20: Other cases (based on residence or cause of action).
Section 47: Questions to Be Determined by the Court Executing the Decree
- Clarifies that all questions regarding the execution, discharge, or satisfaction of a decree shall be determined by the executing court.
Section 75: Powers of Courts to Issue Commissions
- Empowers courts to issue commissions for specific purposes, such as examining witnesses, conducting local inspections, or performing ministerial acts.
Section 96: Appeals from Original Decrees
- Governs the right to file a first appeal against a decree passed by a court of original jurisdiction.
Section 104: Orders from Which Appeal Lies
- Specifies the orders that are appealable under the CPC, subject to limitations.
Section 115: Revision
- Grants the High Court supervisory power to call for the records of cases decided by subordinate courts to correct jurisdictional errors.
Section 151: Inherent Powers of the Court
- Confers discretionary power on courts to make necessary orders to meet the ends of justice or prevent abuse of the legal process.
How to Use These Sections in Preparation
Understanding Context:
Read each section thoroughly, understanding its scope and practical application.
Relating to Case Laws:
Study landmark judgments interpreting these sections to grasp their real-world implications.
Revising Procedural Flow:
Link these sections to the procedural stages of a civil suit, from filing to appeal or execution.
Using Mnemonics:
Create mnemonics to remember key sections and their sequence.
Section 9 of the CPC, 1908
1. What is the primary jurisdiction of civil courts as per Section 9 of the CPC?
a) To try only criminal cases.
b) To try all suits of a civil nature, unless expressly or impliedly barred.
c) To try cases only involving government disputes.
d) To try all cases, both civil and criminal.
Answer: b
2. Under Section 9 of the CPC, what type of suits are explicitly excluded from the jurisdiction of civil courts?
a) Suits involving monetary compensation.
b) Suits expressly or impliedly barred.
c) Suits regarding property rights.
d) Suits involving religious rites.
Answer: b
3. What is the significance of the explanation to Section 9?
a) It excludes suits related to religious matters.
b) It includes suits where rights to property or office are contested, even if linked to religious rites or ceremonies.
c) It allows suits only if they are purely secular in nature.
d) It restricts suits involving property disputes.
Answer: b
4. According to Section 9, which of the following is true about suits of a civil nature?
a) They exclude suits involving the right to an office.
b) They include suits contested based on religious rites or ceremonies if property or office rights are involved.
c) They are limited to disputes over monetary matters.
d) They exclude suits where property rights are entirely dependent on religious decisions.
Answer: b
5. Which of the following is NOT mentioned in Section 9 of the CPC?
a) The jurisdiction of civil courts to try suits.
b) A general or special law barring certain suits.
c) The role of criminal courts in civil matters.
d) Suits involving property or office rights linked to religious rites.
Answer: c
6. What does the phrase “expressly or impliedly barred” in Section 9 signify?
a) Jurisdiction is granted to all civil suits without exception.
b) Jurisdiction is restricted where the law explicitly or implicitly excludes it.
c) Jurisdiction is limited to property disputes only.
d) Jurisdiction is limited to government-related cases.
Answer: b
7. Section 9 refers to “a general or a special law.” What does this imply?
a) Civil courts cannot try any suit unless specifically allowed.
b) Suits barred under general or specific statutes are excluded from civil court jurisdiction.
c) Only cases under general law can be tried by civil courts.
d) Civil courts must follow special laws for criminal cases.
Answer: b
8. The explanation in Section 9 clarifies that suits involving religious rites or ceremonies are: a) Never considered suits of a civil nature.
b) Considered civil suits only if related to property or office rights.
c) Always under the jurisdiction of criminal courts.
d) Exempted from being civil suits regardless of context.
Answer: b
9. What is the essence of Section 9 in the CPC?
a) To exclude civil courts from handling religious matters.
b) To empower civil courts to try all civil suits unless prohibited by law.
c) To empower civil courts to handle criminal cases.
d) To define the scope of criminal court jurisdiction.
Answer: b
Section 10 of the CPC, 1908: Res Subjudice
1. What does Section 10 of the CPC primarily deal with?
a) Institution of suits.
b) Stay of suits.
c) Execution of decrees.
d) Appeals in civil cases.
Answer: b
2. Under Section 10, when is a court prohibited from proceeding with a trial?
a) When the suit involves international parties.
b) When the matter in issue is directly and substantially in issue in a previously instituted suit.
c) When the suit involves monetary claims exceeding the court’s jurisdiction.
d) When the parties reside in different jurisdictions.
Answer: b
3. Which of the following conditions must be fulfilled for a stay of suit under Section 10?
a) The parties must be litigating under different titles.
b) The earlier suit must be pending in the same or any other court in Pakistan having jurisdiction.
c) The earlier suit must have been resolved by arbitration.
d) The suit must involve a criminal matter.
Answer: b
4. What does the explanation to Section 10 clarify about suits pending in foreign courts?
a) Suits pending in foreign courts automatically bar suits in Pakistan.
b) The pendency of a suit in a foreign court does not preclude courts in Pakistan from trying a suit on the same cause of action.
c) Foreign suits are given priority over domestic suits in Pakistan.
d) Suits in foreign courts must be resolved before filing in Pakistan.
Answer: b
5. What types of courts are mentioned in Section 10 for the purpose of staying a suit?
a) Only courts within Pakistan.
b) Courts in Pakistan, courts beyond Pakistan established by the Federal Government, and the Supreme Court.
c) Only international courts of arbitration.
d) Courts in Pakistan and special tribunals.
Answer: b
6. For a stay under Section 10, the previously instituted suit must meet which of the following criteria?
a) Be instituted after the current suit.
b) Be pending in a court lacking jurisdiction.
c) Be between the same parties or parties litigating under the same title.
d) Be filed in a criminal court.
Answer: c
7. The phrase “matter in issue is also directly and substantially in issue” in Section 10 refers to: a) Identical facts and evidence being presented in two suits.
b) The legal and factual issues being the same in both suits.
c) The monetary claim being of the same amount.
d) The same lawyer representing both parties.
Answer: b
8. Which court is explicitly mentioned in Section 10 as having jurisdiction to affect the stay of a suit?
a) International Court of Justice.
b) Foreign Arbitration Tribunal.
c) Supreme Court of Pakistan.
d) District Revenue Court.
Answer: c
9. Can a court in Pakistan try a suit founded on the same cause of action if a suit is pending in a foreign court?
a) No, foreign suits automatically stay domestic suits.
b) Yes, as per the explanation in Section 10.
c) Only with the permission of the foreign court.
d) No, unless the foreign suit is withdrawn.
Answer: b
10. The jurisdiction mentioned in Section 10 for staying a suit includes: a) Only subordinate courts in Pakistan.
b) All courts in Pakistan and specific courts established or continued by the Federal Government beyond Pakistan.
c) Only courts at the provincial level.
d) Arbitration councils.
Answer: b
Section 11 of the CPC, 1908: Res Judicata
1. What is the primary principle established by Section 11 of the CPC?
a) Stay of suits.
b) Bar on re-litigating issues already decided between the same parties.
c) Jurisdiction of civil courts.
d) Appeal against orders.
Answer: b
2. Under Section 11, a court is barred from trying a suit if:
a) The matter in issue was directly and substantially in issue in a former suit.
b) The parties involved are unrelated.
c) The former suit involved a criminal case.
d) The previous court lacked jurisdiction.
Answer: a
3. What does Explanation I of Section 11 clarify about the “former suit”?
a) It must be decided before the subsequent suit is filed.
b) It must be instituted before the subsequent suit.
c) It denotes a suit decided prior to the suit in question, regardless of when it was instituted.
d) It applies only to suits filed after the current one.
Answer: c
4. How is the competence of a court determined for the purposes of Section 11, as per Explanation II?
a) Based on the provisions regarding the right of appeal.
b) Without regard to any provisions about the right of appeal.
c) By the monetary value of the case.
d) By the geographical jurisdiction of the court.
Answer: b
5. According to Explanation III, what must be true about the matter in the former suit?
a) It must have been admitted by both parties.
b) It must have been alleged by one party and either denied or admitted by the other.
c) It must have been ignored by the court.
d) It must have been a matter of procedural law.
Answer: b
6. What does Explanation IV state about matters that were not raised in the former suit?
a) They cannot be deemed directly and substantially in issue.
b) They are automatically included in the subsequent suit.
c) They might and ought to have been raised and are deemed directly and substantially in issue.
d) They can only be raised through an appeal.
Answer: c
7. What is the effect of a relief not expressly granted by the decree, as per Explanation V?
a) It is deemed to be pending.
b) It is considered granted implicitly.
c) It is deemed to have been refused.
d) It must be addressed in a new suit.
Answer: c
8. Explanation VI of Section 11 applies to which type of cases?
a) Cases involving private rights only.
b) Cases involving criminal disputes.
c) Cases involving bona fide litigation in respect of public or private rights claimed in common.
d) Cases involving appeals to the Supreme Court.
Answer: c
9. What is the effect of bona fide litigation in public or private rights, according to Explanation VI?
a) Only the litigants directly involved can claim under the decision.
b) All persons interested in such rights are deemed to claim under the persons litigating.
c) The rights are deemed null and void.
d) The matter must be re-litigated for others to claim under it.
Answer: b
10. What is a key condition for the application of res judicata under Section 11?
a) The previous court must have delivered a preliminary decision only.
b) The matter in issue must have been heard and finally decided in the former suit.
c) The previous decision must involve an entirely different cause of action.
d) The former suit must not have been appealed.
Answer: b
11. What is the purpose of the doctrine of res judicata?
a) To ensure that courts can hear multiple suits on the same matter.
b) To avoid duplication of litigation and bring finality to decisions.
c) To prioritize newer cases over older ones.
d) To allow unlimited appeals in civil cases.
Answer: b
Section 12 of the CPC, 1908: Bar to Further Suit
1. What does Section 12(1) of the CPC bar?
a) Filing of suits in criminal matters.
b) Institution of a subsequent suit on the same cause of action if precluded by rules.
c) Institution of suits in foreign courts.
d) Filing of appeals after a decree.
Answer: b
2. According to Section 12(1), in which courts is a plaintiff barred from instituting a further suit on the same cause of action?
a) Courts outside Pakistan.
b) Any court to which the CPC applies.
c) High Courts only.
d) Appellate courts.
Answer: b
3. Under Section 12(2), how can a person challenge the validity of a judgment, decree, or order?
a) By filing a new suit in a higher court.
b) By making an application to the court that passed the final judgment, decree, or order.
c) By appealing to the Supreme Court directly.
d) By seeking arbitration.
Answer: b
4. Which grounds are specified in Section 12(2) for challenging a judgment, decree, or order?
a) Fraud, misrepresentation, or want of jurisdiction.
b) Delay in filing, clerical errors, or miscommunication.
c) Procedural irregularities or lack of evidence.
d) Absence of legal representation.
Answer: a
5. What is explicitly prohibited under Section 12(2) for challenging a judgment, decree, or order?
a) Filing a separate suit.
b) Filing an appeal.
c) Applying for a revision.
d) Seeking an interim injunction.
Answer: a
6. According to Section 12(3), what procedure may the court adopt when disposing of an application under subsection (2)?
a) A complex and lengthy trial process.
b) Any fair procedure warranted by the circumstances.
c) Mandatory cross-examination of all witnesses.
d) A full bench hearing.
Answer: b
7. What is the default method for proving or disproving facts under Section 12(3), unless otherwise directed?
a) Oral testimony in court.
b) Presentation of documentary evidence only.
c) Submission of affidavits.
d) Cross-examination of all parties.
Answer: c
8. When can the court deviate from the affidavit procedure for disposing of an application under Section 12(3)?
a) When both parties agree to an alternative method.
b) For reasons recorded by the court.
c) When an appellate court orders a deviation.
d) When the plaintiff requests a jury trial.
Answer: b
9. What is the primary objective of Section 12(3) in handling applications challenging judgments or decrees?
a) To ensure maximum participation of all parties.
b) To expedite the disposal of such applications.
c) To provide room for filing multiple applications.
d) To require detailed hearings for all applications.
Answer: b
10. What does Section 12 of the CPC collectively aim to achieve?
a) Allow flexibility in litigation processes.
b) Prevent abuse of legal processes through repetitive suits or separate challenges.
c) Facilitate filing of multiple suits for clarity in judgments.
d) Encourage appellate remedies over original suits.
Answer: b
Sections 15 to 20 of the CPC, 1908:
Section 15: Court in Which Suits to Be Instituted
1. Where must a suit be instituted according to Section 15?
a) In any court chosen by the plaintiff.
b) In the court of the highest jurisdiction.
c) In the lowest court competent to try it.
d) In the Supreme Court.
Answer: c
2. What is the purpose of Section 15 of the CPC?
a) To allow flexibility in filing suits.
b) To ensure suits are filed in higher courts.
c) To prevent overburdening higher courts by requiring suits to be filed in the lowest competent court.
d) To restrict suits to a specific district.
Answer: c
Section 16: Suits to Be Instituted Where Subject-Matter Is Situate
3. Where should a suit regarding immovable property be instituted under Section 16?
a) In the court where the plaintiff resides.
b) In the court within the local jurisdiction of the property.
c) In the court of the defendant’s residence.
d) In any court within the same province.
Answer: b
4. Which of the following types of suits are covered under Section 16?
a) Suits related to monetary claims.
b) Suits related to movable property.
c) Suits related to recovery, partition, foreclosure, or sale of immovable property.
d) Suits related to personal compensation.
Answer: c
Section 17: Suits for Immovable Property Situate Within the Jurisdiction of Different Courts
5. How is jurisdiction determined if immovable property is situated in the jurisdiction of multiple courts?
a) The plaintiff can file in any one of those courts.
b) The defendant chooses the court.
c) All courts must hear the case together.
d) The Supreme Court assigns jurisdiction.
Answer: a
6. In suits concerning immovable property within multiple jurisdictions, what must the court have jurisdiction over?
a) Only the value of the property.
b) Only one property among the multiple properties.
c) The entire cause of action related to the immovable property.
d) The plaintiff’s residency.
Answer: c
Section 18: Place of Institution of Suit Where Local Limits of Jurisdiction Are Uncertain
7. Where should a suit be instituted if the local limits of jurisdiction are uncertain?
a) In the court of the plaintiff’s residence.
b) In the court where the cause of action arose.
c) In any court where any portion of the property is located.
d) In the court chosen by the defendant.
Answer: c
8. What is the purpose of Section 18?
a) To avoid disputes over jurisdiction when local limits are unclear.
b) To centralize all cases in one court.
c) To limit jurisdiction to only one property.
d) To ensure cases are only filed in High Courts.
Answer: a
Section 19: Suits for Compensation for Wrongs to Person or Movables
9. Where should a suit for compensation for wrongs to person or movables be filed?
a) Where the defendant resides or carries on business.
b) Where the wrong was committed.
c) Either (a) or (b).
d) Only in the plaintiff’s jurisdiction.
Answer: c
10. What types of suits does Section 19 primarily deal with?
a) Suits involving immovable property.
b) Suits for compensation for harm to individuals or movable property.
c) Suits related to family law disputes.
d) Suits involving criminal cases.
Answer: b
Section 20: Other Suits to Be Instituted Where Defendants Reside or Cause of Action Arises
11. Where must a suit be instituted if it is not related to immovable property?
a) In the court where the defendant resides or carries on business.
b) In the court of the plaintiff’s residence.
c) In the High Court of the relevant province.
d) In the court where the plaintiff chooses.
Answer: a
12. If there are multiple defendants, where can the suit be filed under Section 20?
a) In any court chosen by the plaintiff.
b) In the court where one of the defendants resides, provided they all consent.
c) Only in the court of the principal defendant’s residence.
d) In the Supreme Court.
Answer: b
13. Under Section 20, what happens if the cause of action arises in a different place than where the defendant resides?
a) The plaintiff can file in either place.
b) The suit must be filed where the defendant resides.
c) The suit must be filed where the plaintiff resides.
d) The suit must be filed in the court of highest jurisdiction.
Answer: a
Section 47 of CPC, 1908
Section 47(1): Questions Arising Concerning the Execution of the Decree
1. According to Section 47(1), which court has jurisdiction to determine questions arising between the parties concerning the execution of a decree?
a) The original court where the suit was filed.
b) The appellate court.
c) The court executing the decree.
d) Any court of competent jurisdiction.
Answer: c
2. What type of questions are addressed by the court executing the decree under Section 47(1)?
a) Questions relating to the filing of an appeal.
b) Questions regarding the execution, discharge, or satisfaction of the decree.
c) Questions about the validity of the decree itself.
d) Questions about criminal liability in the case.
Answer: b
3. Can the parties raise a separate suit to address questions related to the execution of a decree?
a) Yes, a separate suit is required.
b) No, such questions must be determined by the court executing the decree.
c) Yes, but only with special permission from the court.
d) No, unless the court orders a separate suit.
Answer: b
Section 47(2): Treatment of Proceedings as a Suit or Vice Versa
4. Under Section 47(2), what can the court do regarding the treatment of a proceeding under this section?
a) The court can treat a proceeding as a suit or a suit as a proceeding.
b) The court cannot change the nature of the proceeding.
c) The court can only treat a proceeding as a suit, not the other way around.
d) The court can disregard the nature of the proceeding.
Answer: a
5. What is the limitation mentioned in Section 47(2) regarding treating a proceeding as a suit or vice versa?
a) It is subject to objections regarding limitation or jurisdiction.
b) It is subject to the court’s discretion.
c) It is not subject to any objections.
d) It can only be done if both parties agree.
Answer: a
6. What may the court order if it treats a proceeding under Section 47 as a suit?
a) Payment of additional court-fees.
b) Immediate dismissal of the proceeding.
c) Further proceedings in the original suit.
d) Transfer of the case to another court.
Answer: a
Section 47(3): Determination of the Representative of a Party
7. When a question arises regarding whether a person is the representative of a party, who determines the question according to Section 47(3)?
a) The appellate court.
b) The original court.
c) The court executing the decree.
d) The Supreme Court.
Answer: c
8. According to Section 47(3), who is considered a party to the suit for the purpose of this section?
a) Only the plaintiff and the defendant.
b) A plaintiff whose suit has been dismissed and a defendant against whom a suit has been dismissed.
c) Only the successful parties in the suit.
d) Only the party who received a decree in their favor.
Answer: b
General Questions on Section 47
9. Section 47 applies to questions that arise between the parties in relation to the: a) Filing of an appeal.
b) Execution of the decree.
c) Original institution of the suit.
d) Jurisdiction of the court.
Answer: b
10. Which of the following is NOT covered under Section 47?
a) Questions about the satisfaction of the decree.
b) Questions about the transfer of the suit to another court.
c) Questions regarding the discharge of the decree.
d) Questions about the execution of the decree.
Answer: b
Section 75 of the CPC, 1908: Power of Court to Issue Commissions
1. What is the main purpose of Section 75 of the CPC?
a) To grant courts the power to execute decrees.
b) To empower courts to issue commissions for specific purposes.
c) To specify the jurisdiction of courts.
d) To define the parties involved in a suit.
Answer: b
2. Which of the following is NOT a purpose for which a court can issue a commission under Section 75?
a) To examine any person.
b) To make a local investigation.
c) To resolve criminal disputes.
d) To make a partition.
Answer: c
3. Under Section 75, for what purpose can a court issue a commission to examine a person?
a) To record evidence or gather information.
b) To determine jurisdiction.
c) To appoint an arbitrator.
d) To deliver judgment.
Answer: a
4. What type of investigation can a court commission under Section 75(b)?
a) A financial audit.
b) A local investigation.
c) A criminal investigation.
d) An international investigation.
Answer: b
5. Under Section 75(c), what is the purpose of issuing a commission to examine or adjust accounts?
a) To verify tax records.
b) To audit accounts related to the subject matter of the suit.
c) To prepare financial statements.
d) To initiate bankruptcy proceedings.
Answer: b
6. Which of the following actions is specifically allowed under Section 75(d)?
a) Conducting land surveys for public purposes.
b) Making a partition of property.
c) Resolving disputes over monetary claims.
d) Executing sales of property.
Answer: b
7. What are the conditions and limitations under which a court may issue commissions under Section 75?
a) They are defined by the court at its discretion.
b) They are prescribed by the rules of the Code.
c) They are specified by the plaintiff and defendant.
d) They are determined by local government authorities.
Answer: b
8. Which of the following commissions is most likely issued under Section 75 in a property dispute?
a) Commission to examine a witness.
b) Commission to make a local investigation or partition.
c) Commission to examine accounts.
d) Commission to execute a decree.
Answer: b
9. What is the general limitation on the powers conferred by Section 75?
a) They cannot be used in family law matters.
b) They are subject to conditions and limitations prescribed by the rules.
c) They apply only to criminal proceedings.
d) They cannot involve cross-examinations.
Answer: b
10. Which of the following best summarizes the powers conferred under Section 75?
a) It allows courts to delegate specific investigative or procedural tasks to commissions.
b) It empowers courts to execute decrees directly.
c) It enables courts to refer cases to arbitration.
d) It allows courts to dismiss suits without hearing them.
Answer: a
Section 96 of the CPC, 1908: Appeal from Original Decree
1. From which decrees does Section 96(1) allow an appeal to lie?
a) Every decree passed by a court, regardless of jurisdiction.
b) Every decree passed by a court exercising original jurisdiction, unless expressly barred by this Code or other laws.
c) Only decrees passed by appellate courts.
d) Decrees related to criminal matters.
Answer: b
2. According to Section 96(1), how long must the appellate court take to decide an appeal once the respondent makes their first appearance?
a) 30 days.
b) 60 days.
c) 90 days.
d) No time frame is specified.
Answer: b
3. Can an appeal be filed against an original decree passed ex parte under Section 96?
a) Yes, an appeal may lie from such a decree as per Section 96(2).
b) No, an appeal cannot be filed against an ex parte decree.
c) Only if the decree involves monetary claims.
d) Only after seeking permission from the High Court.
Answer: a
4. Under Section 96(3), what is the effect of a decree passed with the consent of parties?
a) Such a decree can be appealed only under special circumstances.
b) No appeal shall lie against a decree passed with the consent of parties.
c) An appeal can be filed without any restrictions.
d) The appeal must be filed within 30 days.
Answer: b
5. What does the phrase “Save where otherwise expressly provided” in Section 96(1) imply?
a) Appeals are limited to decrees explicitly permitted under the CPC.
b) Appeals can only be filed if no alternative legal provision exists.
c) Appeals cannot be filed if expressly barred by the CPC or other applicable laws.
d) Appeals are restricted to civil suits only.
Answer: c
6. Under Section 96(1), appeals from original decrees are heard by which court?
a) The court of the highest jurisdiction.
b) The court authorized to hear appeals from the decisions of the court passing the decree.
c) The Supreme Court of Pakistan.
d) Any appellate tribunal specified by the plaintiff.
Answer: b
7. Which of the following decrees is expressly excluded from appeal under Section 96(3)?
a) A decree passed ex parte.
b) A decree passed without jurisdiction.
c) A decree passed with the consent of the parties.
d) A decree involving immovable property.
Answer: c
8. How does Section 96 distinguish between regular appeals and those involving ex parte decrees?
a) Ex parte decrees cannot be appealed unless explicitly allowed.
b) Ex parte decrees can always be appealed as per Section 96(2).
c) Ex parte decrees must first be set aside by the original court.
d) Ex parte decrees require permission from the High Court for appeal.
Answer: b
9. What is the legal rationale for barring appeals against consent decrees under Section 96(3)?
a) Consent decrees are final and binding as they reflect the agreement of the parties.
b) Consent decrees are not considered valid judgments under the CPC.
c) Consent decrees do not involve judicial decision-making.
d) Consent decrees are automatically subject to revision instead of appeal.
Answer: a
10. Which legal principle is reinforced by the time limit prescribed for deciding appeals in Section 96(1)?
a) The principle of judicial review.
b) The principle of speedy justice and reducing delays.
c) The principle of natural justice.
d) The principle of estoppel.
Answer: b
Section 104 of the CPC, 1908: Orders from Which Appeal Lies
1. What is the scope of Section 104 of the CPC?
a) It allows appeals from every order passed by a court.
b) It specifies the types of orders from which an appeal can lie.
c) It bars appeals from all interlocutory orders.
d) It allows appeals only in criminal cases.
Answer: b
2. Which of the following statements best reflects the principle under Section 104?
a) Appeals are allowed only for final decrees.
b) Appeals can be filed against any order without restriction.
c) Appeals are permitted for specific orders as provided by law.
d) Appeals are limited to High Court judgments.
Answer: c
3. Can an appeal under Section 104 be filed for an order that is not expressly listed in the Code of Civil Procedure?
a) Yes, if the order is related to execution.
b) No, only orders specifically mentioned are appealable.
c) Yes, with special permission from the court.
d) Yes, but only after a review application is rejected.
Answer: b
4. What is the relationship between Section 104 and interlocutory orders?
a) All interlocutory orders are appealable under Section 104.
b) No interlocutory order is appealable under Section 104.
c) Only interlocutory orders specified by law are appealable.
d) Section 104 deals exclusively with final decrees, not interlocutory orders.
Answer: c
5. Under Section 104, who decides whether an appeal lies from a specific order?
a) The appellate court.
b) The trial court.
c) The provisions of the CPC and any applicable law.
d) The consent of both parties.
Answer: c
6. What is the primary objective of limiting appeals under Section 104?
a) To simplify legal procedures and avoid unnecessary delays.
b) To allow every court order to be challenged.
c) To restrict appeals to only High Court judgments.
d) To prioritize criminal cases over civil appeals.
Answer: a
7. Can a party file an appeal under Section 104 if the order is final and has already been executed?
a) Yes, Section 104 allows appeals even after execution.
b) No, Section 104 does not apply to orders that have been executed.
c) Yes, but only with the permission of the appellate court.
d) No, unless the execution involved fraud.
Answer: b
8. Which of the following conditions must be met for an order to be appealable under Section 104?
a) The order must be final and conclusive.
b) The order must be specifically mentioned as appealable in the CPC or other applicable law.
c) The order must involve a monetary claim exceeding a specified limit.
d) The order must arise from a criminal case.
Answer: b
9. Which of the following is NOT a valid reason for filing an appeal under Section 104?
a) The order adversely affects the appellant.
b) The order is explicitly listed as appealable in the CPC.
c) The order involves a procedural irregularity not affecting the case outcome.
d) The order is connected to the execution of a decree.
Answer: c
10. Section 104 ensures that appeals are limited to:
a) Only those orders that affect the final outcome of the case.
b) Orders specifically listed as appealable to prevent frivolous appeals.
c) Any order passed during the course of a trial.
d) All orders issued by appellate courts.
Answer: b
Section 115 of the CPC, 1908: Revision
1. What is the primary purpose of Section 115 of the CPC?
a) To allow appeals against all orders of subordinate courts.
b) To provide a mechanism for the High Court to review and correct jurisdictional errors by subordinate courts.
c) To enable appellate courts to pass final judgments.
d) To empower lower courts to revise their own decisions.
Answer: b
2. Under Section 115, which court has the power to entertain a revision?
a) The Supreme Court.
b) The trial court.
c) The High Court.
d) The District Court.
Answer: c
3. Which of the following conditions must be met for the High Court to exercise revisional jurisdiction under Section 115?
a) The subordinate court has acted within its jurisdiction.
b) The order involves a criminal matter.
c) The subordinate court has acted without jurisdiction, failed to exercise jurisdiction, or exercised jurisdiction illegally or with material irregularity.
d) The case involves a monetary dispute exceeding Rs. 1,000,000.
Answer: c
4. Can a revision under Section 115 be filed against any interlocutory order?
a) Yes, all interlocutory orders are subject to revision.
b) No, revisions are limited to final judgments.
c) Only if the order materially affects the case or involves a jurisdictional issue.
d) Only if the subordinate court consents to the revision.
Answer: c
5. What is the primary limitation on the High Court’s revisional power under Section 115?
a) It can only be exercised in cases involving criminal law.
b) It cannot be exercised if an appeal lies against the order.
c) It is limited to cases involving monetary claims.
d) It requires prior approval from the appellate court.
Answer: b
6. Under Section 115, what type of jurisdictional error must exist for a revision to be entertained?
a) A minor procedural irregularity.
b) A jurisdictional error that materially affects the rights of the parties.
c) A technical issue without substantive impact.
d) An administrative error by the court staff.
Answer: b
7. What action can the High Court take upon exercising its revisional jurisdiction under Section 115?
a) Pass a decree in favor of the respondent.
b) Dismiss the case entirely without review.
c) Make such orders as it deems fit to ensure justice, including correcting jurisdictional errors.
d) Transfer the case to another subordinate court.
Answer: c
8. Can the High Court exercise revisional jurisdiction in a case where the subordinate court’s decision is valid but could be improved?
a) Yes, the High Court can intervene in all cases.
b) No, revisions are limited to correcting errors of jurisdiction or material irregularities.
c) Only if the parties request it.
d) Yes, but only in property disputes.
Answer: b
9. Which of the following is NOT a valid ground for invoking Section 115?
a) The subordinate court exercised jurisdiction illegally.
b) The subordinate court failed to exercise its jurisdiction.
c) The subordinate court’s decision caused inconvenience to the parties.
d) The subordinate court acted without jurisdiction.
Answer: c
10. What is the key principle governing the exercise of revisional jurisdiction under Section 115?
a) Ensuring speedy resolution of cases.
b) Rectifying errors in jurisdiction or material irregularities to prevent injustice.
c) Granting appellate powers to the High Court.
d) Expanding the scope of subordinate courts’ jurisdiction.
Answer: b
Section 151 of the CPC, 1908: Inherent Powers of Court
1. What does Section 151 of the CPC deal with?
a) Revisional jurisdiction of the High Court.
b) The inherent powers of the court.
c) Appeals against orders of subordinate courts.
d) Rules for execution of decrees.
Answer: b
2. What is the primary purpose of the inherent powers conferred under Section 151?
a) To decide criminal cases.
b) To make necessary orders for the ends of justice or to prevent abuse of court processes.
c) To overrule appellate decisions.
d) To impose sanctions on parties.
Answer: b
3. What is the precondition for a court to exercise its inherent powers under Section 151?
a) The court must have appellate jurisdiction.
b) The court must record reasons in writing.
c) The party must file a separate suit.
d) The case must involve monetary compensation.
Answer: b
4. Which of the following does Section 151 NOT allow the court to do?
a) Make orders necessary for the ends of justice.
b) Prevent abuse of the court process.
c) Override provisions of the CPC.
d) Issue orders in situations not expressly covered by the CPC.
Answer: c
5. How does Section 151 relate to the other provisions of the CPC?
a) It overrides all other provisions of the CPC.
b) It supplements the provisions of the CPC without limiting them.
c) It limits the applicability of the CPC in special cases.
d) It is a mandatory provision that must be invoked in every case.
Answer: b
6. When can the inherent powers under Section 151 be invoked?
a) Only when there is a specific provision in the CPC addressing the issue.
b) When there is no specific provision in the CPC to address the issue.
c) Only in cases involving criminal liability.
d) Only during the execution of a decree.
Answer: b
7. What type of orders can a court pass under Section 151?
a) Any orders required for routine administrative purposes.
b) Orders necessary for the ends of justice or to prevent abuse of the process of the court.
c) Orders to enforce specific provisions of the CPC only.
d) Orders that only benefit the plaintiff.
Answer: b
8. Which of the following best illustrates the “abuse of the process of the court” mentioned in Section 151?
a) Filing frivolous or vexatious suits.
b) Filing an appeal in a higher court.
c) Seeking adjournments for valid reasons.
d) Appealing a judgment within the legal time frame.
Answer: a
9. Can Section 151 be used to override specific provisions of the CPC?
a) Yes, it can always override specific provisions.
b) No, it cannot be used to contradict the express provisions of the CPC.
c) Yes, but only with permission from the High Court.
d) No, unless the Supreme Court directs otherwise.
Answer: b
10. Why is the power under Section 151 described as “inherent”?
a) It is granted by the Constitution of Pakistan.
b) It exists inherently in every court to ensure justice and fairness, even if not explicitly provided in the CPC.
c) It applies only to superior courts.
d) It is automatically invoked in every case.
Answer: b