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Civil Procedure Code (CPC 1908) (Law) Solved Questions & Notes (2026) - Apex Rankers

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Civil Procedure Code (CPC 1908)

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Q. 1 Law
Difficulty: Easy (1 Mark)
Under Section 10 of the Code of Civil Procedure (CPC) 1908, the doctrine of 'Res Sub-Judice' mandates that:
A
No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties
✓ Correct
B
No decree can ever be executed outside Pakistan
C
All civil suits must be settled by arbitration within 30 days
D
A plaintiff cannot file more than one document
💡 Step-by-Step Explanation & Concept Rationale
Section 10 CPC bars the trial of a subsequently instituted suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties litigating under the same title (Res Sub-Judice / stay of suit).
Q. 2 Law
Difficulty: Easy (1 Mark)
Under Section 11 of the CPC, the doctrine of 'Res Judicata' bars a court from trying any suit or issue in which the matter has been:
A
Heard and finally decided by a competent court in a former suit between the same parties litigating under the same title
✓ Correct
B
Discussed in an informal mediation
C
Published in a newspaper
D
Withdrawn with permission to file afresh
💡 Step-by-Step Explanation & Concept Rationale
Section 11 CPC establishes Res Judicata: No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties and has been heard and finally decided by a competent court.
Q. 3 Law
Difficulty: Easy (1 Mark)
Under Order VII Rule 11 of the CPC, a Plaint MUST be rejected by the civil court in which of the following instances?
A
Where it does not disclose a cause of action, or where the suit appears from the statement in the plaint to be barred by any law
✓ Correct
B
Whenever the defendant files a written statement
C
If the plaintiff hires a private advocate
D
If the claim exceeds Rs. 1,000,000
💡 Step-by-Step Explanation & Concept Rationale
Order VII Rule 11 CPC mandates the rejection of a plaint where: (a) it does not disclose a cause of action, (b) relief claimed is undervalued, (c) insufficiently stamped, or (d) suit is barred by any law (e.g. limitation).
Q. 4 Law
Difficulty: Easy (1 Mark)
Under Order XXXIX Rules 1 and 2 of the CPC, what three classic ingredients must a plaintiff establish to obtain a Temporary Injunction?
A
Prima facie case, Irreparable loss/injury, and Balance of convenience
✓ Correct
B
Criminal record, tax certificate, and witness affidavit
C
Bank guarantee, police clearance, and domicile certificate
D
Consent of the federal government, land registry, and municipal permit
💡 Step-by-Step Explanation & Concept Rationale
The grant of interim/temporary injunction under Order XXXIX Rules 1 and 2 CPC requires simultaneous satisfaction of three conditions: (1) A good prima facie case, (2) Balance of convenience in favor of applicant, and (3) Irreparable loss or injury if injunction is refused.
Q. 5 Law
Difficulty: Easy (1 Mark)
Section 151 of the CPC saves which inherent powers of the civil court?
A
Inherent powers to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court
✓ Correct
B
Powers to issue warrants of death
C
Powers to levy custom tariffs on imported goods
D
Powers to dissolve provincial assemblies
💡 Step-by-Step Explanation & Concept Rationale
Section 151 CPC explicitly provides that nothing in the Code shall limit or affect the inherent power of the court to make such orders as necessary for the ends of justice or to prevent abuse of judicial process.
Q. 6 Law
Difficulty: Easy (1 Mark)
Under Section 9 of the CPC 1908, the Courts shall have jurisdiction to try all suits of a civil nature EXCEPT:
A
Suits of which their cognizance is either expressly or impliedly barred by any enactment
✓ Correct
B
Suits relating to immovable property valued over Rs. 1,000,000
C
Suits between members of the same family
D
Suits where contract is executed on a holiday
💡 Step-by-Step Explanation & Concept Rationale
Section 9 CPC is the general grant of civil jurisdiction: 'The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.'
Q. 7 Law
Difficulty: Easy (1 Mark)
Under Section 15 of the CPC, every suit shall be instituted in the Court of the:
A
Lowest grade competent to try it
✓ Correct
B
Highest grade in the province
C
District Court directly
D
High Court original side
💡 Step-by-Step Explanation & Concept Rationale
Section 15 CPC establishes the rule of pecuniary venue: 'Every suit shall be instituted in the Court of the lowest grade competent to try it.'
Q. 8 Law
Difficulty: Easy (1 Mark)
Under Section 16 of the CPC, suits for the recovery of immovable property, partition, foreclosure, or determination of any right/interest in immovable property shall be instituted in the Court within the local limits of whose jurisdiction:
A
The property is situate
✓ Correct
B
The plaintiff resides
C
The defendant's bank account is located
D
The advocate has his chamber
💡 Step-by-Step Explanation & Concept Rationale
Section 16 CPC embodies the territorial jurisdiction rule of lex situs: Suits relating to immovable property must be instituted in the court within whose territorial jurisdiction the property is situated.
Q. 9 Law
Difficulty: Medium (1 Mark)
Under Section 20 of the CPC, suits other than those concerning immovable property shall be instituted in a Court within whose local limits the defendant:
A
Actually and voluntarily resides, or carries on business, or personally works for gain, or where the cause of action wholly or in part arises
✓ Correct
B
Holds an overseas bank account
C
Maintains an ancestral grave
D
Intends to travel in the future
💡 Step-by-Step Explanation & Concept Rationale
Section 20 CPC provides the general residual venue rule: Suits shall be instituted where the defendant resides, carries on business, works for gain, or where the cause of action, wholly or in part, arises.
Q. 10 Law
Difficulty: Easy (1 Mark)
Under Section 26 and Order IV Rule 1 of the CPC, every suit shall be instituted by the presentation of a:
A
Plaint (in duplicate)
✓ Correct
B
First Information Report (FIR)
C
Affidavit sworn before a police officer
D
Memorandum of appeal
💡 Step-by-Step Explanation & Concept Rationale
Section 26 and Order IV Rule 1 CPC mandate that every suit shall be instituted by presenting a plaint to the Court or such officer as it appoints, in duplicate, verified by affidavit.
Q. 11 Law
Difficulty: Easy (1 Mark)
Under Order VI Rule 1 of the CPC, 'Pleading' means:
A
Plaint or Written Statement
✓ Correct
B
Only oral arguments delivered by counsel
C
Police zimni diaries
D
Judgment of the appellate court
💡 Step-by-Step Explanation & Concept Rationale
Order VI Rule 1 CPC states: 'Pleading shall mean a plaint or written statement.'
Q. 12 Law
Difficulty: Medium (1 Mark)
What is the cardinal rule of pleadings under Order VI Rule 2 of the CPC?
A
Every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party relies, but not the evidence by which they are to be proved
✓ Correct
B
Pleadings must set out law and legal sections only
C
Pleadings must include the complete depositions of all witnesses
D
Pleadings can contain speculative rumors
💡 Step-by-Step Explanation & Concept Rationale
Order VI Rule 2 CPC dictates the fundamental rule of pleading: Plead facts, not law; plead material facts only; and do not plead evidence (facta probanda, not facta probantia).
Q. 13 Law
Difficulty: Medium (1 Mark)
Under Order VI Rule 17 of the CPC, the Court may at any stage of the proceedings allow either party to alter or amend his pleadings:
A
In such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for determining the real questions in controversy between the parties
✓ Correct
B
Only before summons are issued
C
Only if the opposite party consents in writing
D
Only in partition suits
💡 Step-by-Step Explanation & Concept Rationale
Order VI Rule 17 CPC confers wide discretionary powers on courts to allow amendment of pleadings at any stage to determine the real controversies between parties, provided it does not change the fundamental nature of the suit.
Q. 14 Law
Difficulty: Easy (1 Mark)
Under Order VIII Rule 1 of the CPC, the defendant shall present a written statement of his defence within:
A
30 days (extendable up to maximum statutory limits prescribed by provincial amendments)
✓ Correct
B
Two years
C
One week
D
Indefinite period until arguments
💡 Step-by-Step Explanation & Concept Rationale
Order VIII Rule 1 CPC requires the defendant to file written statement within 30 days of service of summons, with extensions granted only on sufficient cause.
Q. 15 Law
Difficulty: Medium (1 Mark)
What is the legal effect if a defendant fails to deny specifically an allegation of fact made in the plaint under Order VIII Rule 5 CPC?
A
Every allegation of fact in the plaint, if not denied specifically or by necessary implication, shall be taken to be admitted
✓ Correct
B
The suit is dismissed automatically
C
The plaintiff must file an amended plaint
D
The court refers the matter to police investigation
💡 Step-by-Step Explanation & Concept Rationale
Order VIII Rule 5 embodies the doctrine of non-traverse: Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted.
Q. 16 Law
Difficulty: Easy (1 Mark)
Under Order XIV Rule 1 of the CPC, 'Issues' arise when:
A
A material proposition of fact or law is affirmed by the one party and denied by the other
✓ Correct
B
Both parties agree on all terms of settlement
C
The defendant admits the entire claim
D
The suit is withdrawn
💡 Step-by-Step Explanation & Concept Rationale
Order XIV Rule 1 CPC provides that issues arise when a material proposition of fact or law is affirmed by one party and denied by the other. Issues are of two kinds: (a) issues of fact, and (b) issues of law.
Q. 17 Law
Difficulty: Medium (1 Mark)
Under Order IX Rule 8 of the CPC, where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall make an order:
A
That the suit be dismissed, unless the defendant admits the claim
✓ Correct
B
Decreeing the suit in favor of plaintiff
C
Arresting the plaintiff
D
Transferring the suit to another province
💡 Step-by-Step Explanation & Concept Rationale
Order IX Rule 8 CPC states that where defendant appears and plaintiff does not, the Court shall dismiss the suit, unless the defendant admits the claim, in which case it shall pass a decree against the defendant upon such admission.
Q. 18 Law
Difficulty: Medium (1 Mark)
Under Order IX Rule 9 of the CPC, where a suit is dismissed under Rule 8 for non-appearance of plaintiff, the plaintiff is precluded from bringing a fresh suit on the same cause of action, but may apply for an order to:
A
Set the dismissal aside upon showing sufficient cause (Restoration of Suit)
✓ Correct
B
File an appeal before the Supreme Court directly
C
Institute criminal contempt against the defendant
D
Amend the title of the property
💡 Step-by-Step Explanation & Concept Rationale
Order IX Rule 9 allows the plaintiff to apply within the statutory limitation period (30 days) to set aside the dismissal by proving sufficient cause for non-appearance.
Q. 19 Law
Difficulty: Easy (1 Mark)
Under Order IX Rule 13 of the CPC, an ex parte decree passed against a defendant may be set aside if the defendant satisfies the Court that:
A
The summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing
✓ Correct
B
He did not like the presiding judge
C
His lawyer was occupied with non-legal business
D
The subject matter property increased in market value
💡 Step-by-Step Explanation & Concept Rationale
Order IX Rule 13 CPC provides that in any case in which a decree is passed ex parte against a defendant, he may apply to set it aside; and if he satisfies the court that summons was not duly served or that he was prevented by sufficient cause, the court shall make an order setting aside the decree.
Q. 20 Law
Difficulty: Easy (1 Mark)
Under Section 34 of the CPC, where a decree is for the payment of money, the Court may award:
A
Interest at such rate as the Court deems reasonable on the principal sum adjudged
✓ Correct
B
Double the amount in gold bullion
C
A share in the defendant's commercial corporation
D
Criminal imprisonment of 14 years automatically
💡 Step-by-Step Explanation & Concept Rationale
Section 34 CPC empowers the court to order interest from the date of the suit to the date of the decree, and further interest from the date of the decree to the date of payment.
Q. 21 Law
Difficulty: Easy (1 Mark)
Under Section 80 of the CPC, no suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done in official capacity until the expiration of:
A
Two months next after notice in writing has been delivered or left at the office
✓ Correct
B
Seven days
C
Six months
D
One year
💡 Step-by-Step Explanation & Concept Rationale
Section 80 CPC mandates a two-month statutory notice in writing prior to instituting a suit against the Government (Secretary to Government) or against a public officer for acts in official capacity.
Q. 22 Law
Difficulty: Easy (1 Mark)
Under Section 96 of the CPC, an appeal shall lie from:
A
Every decree passed by any Court exercising original jurisdiction, save where otherwise expressly provided
✓ Correct
B
Every procedural order of adjournment
C
Orders framing issues
D
Only decrees passed with consent of parties
💡 Step-by-Step Explanation & Concept Rationale
Section 96(1) CPC provides that save where otherwise expressly provided, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorized to hear appeals. Section 96(3) bars appeal from a consent decree.
Q. 23 Law
Difficulty: Medium (1 Mark)
Under Section 115 of the CPC, the High Court (or District Court) exercises 'Revisional Jurisdiction' where a subordinate court appears to have:
A
Exercised a jurisdiction not vested in it by law, or failed to exercise a jurisdiction so vested, or acted illegally or with material irregularity
✓ Correct
B
Passed a decree on merits after recording evidence
C
Granted bail in a non-bailable offence
D
Dismissed a suit on compromise
💡 Step-by-Step Explanation & Concept Rationale
Section 115 CPC defines revisional jurisdiction limited to jurisdictional errors: (a) exercising jurisdiction not vested, (b) failing to exercise jurisdiction vested, or (c) acting in the exercise of jurisdiction illegally or with material irregularity.
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