1 Every suit shall be instituted in the Court of the-------------grade competent to try

it.
A. highest
B. lowest
2 De no vo trial shall be subjected to Section-------------of the Civil Procedure Code.
A. 24
B. 26
c. 25
3 A preliminary decree can be passed in --------------------.
A. suits for dissolution of partnership
B. both
C. pre-emption suits
4 The plaint shall contain the facts showing that the court has ----------.
Jurisdiction
5 Any party may admit the truth of the whole or any part of the case by his -------.
Pleading
6 The evidence of the witnesses shall be taken orally in ---------- Court by the
competent judge.
open
7 Decree in suit for ---------- of Partnership is passed under Order 20, Rule 15.
A. formation
B. dissolution
8 The defendant cannot state new facts in his written statement.
A. True
B. False
9 In the case of --------- of necessary parties, the court cannot pass an effective
decree.
A. misjoinder
B. nonjoinder
10 The -------------- should not be twice vexed for one and the same cause.
A. defendant
 B. plaintiff
11 The rejection of plaint -------- presentation of fresh plaint under Order 7, Rule 13.
A. precludes
B. does not preclude
12 The decree can only be executed by the Court of Supreme Jurisdiction.
A. False
B. True
13 The Court may compel the attendance of any person to whom a summons has
been issued under -------------.
A. section 32
B. section 31
C. section 30
14 The service of summons may be made on the servant.
A. True
B. False
15 The decree shall agree with the ---------.
A. judgment
B. order
16 Every pleading is ------------ to be signed by the party and his pleader.
A. not necessary
B. necessary
17 The delivery of judgment, without previous notice, is -----------.
A. discretionary
B. illegal
C. legal
18 ---------------- means any person in whose favour a decree has been passed.
A. Decree - Holder
B. Judgment-Debtor
19 Objected questions by one party can be allowed by the Court under Order 1 8,
Rule ------------.
A. 12
B. 10
 c. 11
20 Jurisdiction means the ----------- of the authority of a court to administer justice.
A. amount
B. limit
C. extent
21 Execution is the -------------- of decrees and orders.
A. enforcement
B. abolishing
C. amendment
22 ---------- is a document issued to attend the person before a judge or officer of the
court.
summon
23 At any stage of a suit, the Court may deliver ------------- upon the admission of any
party.
judgement
24 The rule of ------------- prevents a fresh suit between the same parties for the same
relief.
res judicata
25 An application for the amendment of pleadings can be allowed ---------.
A. before the trial
B. at any stage of suit
C. after the trial
26 Civil Court means a Court of ----------- jurisdiction.
civil
27 Decree can only be executed by the Court which passed it.
A. True
B. False
28 In Ma Than V. Mg Ba Gyan Case, the judge decided about the return of -----------.
A. pleading
B. plaint
C. written statement
29 The recovery of ------------ property under attachment shall be governed by Section
16 of the Civil Procedure Code.
A. immoveable
B. mortgaged
C. moveable
30 Summons to produce any record ----------- Issued to any record-keeper. chief clerk
or official of any Court.
A. shall be
B. shall not be
31 A decree is a thing to be executed upon -------------.
A. judgment
B. order
C. execution
32 Totally different amendment ---------- be allowed by the court.
A. Will
B. will not
33 The Court may frame the issues from ------------- made in the pleadings.
(allegations)
34 For the recovery of money, the plaintiff shall state the ------------- amount claimed.
(the precise)
35 Daw Khin Ni vs. Daw Aye Lone (a) Nae Sein Kyi Case illustrates the doctrine of
res-judicata.
A. True
B. False
36 Thura, residing in Mandalay, beats Wanna in Yangon, Wanna may sue Thura at---
----------.
A. Yangon
B. either Yangon or Mandalay
C. Mandalay
37 The Court may, at any time before passing a decree, ----------- any wrongly framed
issues.
A. add
 B. amend
C. strike out
38 Generally, there are -------------- kinds of jurisdiction.
A. 3
B. 5
C. 4
39 Any disable person shall not be added as a plaintiff without a -------------.
A. parent
B. next friend
C. guardian
40 “Moveable property” does not include growing crops.
A. False
B. True
41 The plaintiff may, by leave of the Court, amend statements to correspond with
the ----------.
plaint
42 The Court may record such remarks upon material ------------- of any witness.
respecting the demeanour
43 A ----------- can only originate from a proceeding commenced by a plaint.
decree
44 Every pleading shall contain material facts but not -----------.
evidence
45 An issue is a proposition on which the parties are at -------------.
variance
46 The plaint is a document filed by the -------------.
plaintiff
47 ------------ shall mean plaint or written statement.
pleading
48 Foreign judgment means judgment of a ------------ Court.
foreign
49 A summons shall be served on the defendant under Order ----------------, Rule 1.
 V
50 In the case of Ma Aye Yon Vs. Mg Po Thein, the Court decided about the -----------.
A. affidavit
B. local inspection
C. cross-examination
51 The judgment -------------- includes the signature of the Judge.
A. always
B. sometimes
C. often
52 In every suit, the decree holder shall be the plaintiff.
A. False
B. True
53 ------------- decree needs further proceeding to be completely disposed of.
A. Preliminary
B. Final
54 The substance of the ------------ shall form part of the record.
A. judgment
B. pleading
C. examination
55 After hearing of the proceedings, the Court shall pronounce ------------- in open
Court.
A decree
B. order
C. judgment
56 In the case of insolvent judgment-debtor the --------------- assignee is his Legal
representative.
A. official
B. unofficial
57 The written statement is filed by the -------------- of a case.
A. pleader
B. defendant
C. plaintiff
58 Every such summons shall be signed by the plaintiff.
 A. True
B. False
59 The written statement is filed by the ----------- of a case.
A. pleader
B. defendant
C. plaintiff
60 Every such summons shall be signed by the plaintiff.
A True
B. False
61 A decree is a thing to be executed upon.
A. execution
B. order
C. judgment
62 Section ------------- is to prevent courts of concurrent jurisdiction in the same cause
of action.
A. 10
B. 11
C. 9
63 The general rule is that all persons interested in a suit ----------- be made parties
thereto.
A. should not
B. should
64 Issues are not confined to pleadings only.
A. False
B. True
65 An issue can be -----.
A. both
B. issue of law
C. issue of fact
66 No witness shall be ordered to attend in person unless he resides within the local
limits of the Court's of ------------ jurisdiction.
A. appellate
B. original
 C. special
67 The defendant usually denies ---------- of fact in the plaint.
A. presentations
B. statements
C. allegations
68 There are --------------- kinds of issues under the Civil Procedure Code.
A. four
B. two
C. three
69 Leave to amend will be refused where the application for amendment is not
made in --------.
good faith
70 Issues are ----------- to be framed for the determination of the suit.
A. original
B. ordinary
C. necessary
71 The decree shall not state the amount of costs incurred in the suit.
A. False
B. True
72 Section ----------- is to prevent courts of concurrent jurisdiction in the same cause
of action.
A. 11
B. 9
С. 10
73 "Foreign Court" means a Court situate --------- the limits of the Republic of the
Union of Myanmar.
A. within
B. beyond
74 Issues are not confined to pleadings only.
A. True
B. False
75 The plaint shall be corrected if it is not ---------- valued.
Select one:
 A. properly
B. falsely
C. unproperly
76 Issues are framed -------- the pleading of the parties are received.
A. after
B. at
C. before
77 The provisions in relation to execution of decree can be found in --------.
A. Order XX
B. Order XI
C. Order XXI
78 Notification No. ----------------- of the Supreme Court of the Union was came into
force in 1.4.2024.
А. 203/2024
B. 205/2024
С. 106/2024
79 The substance of the ------------------ shall form part of the record.
A. pleading
B. judgment
C. examination
80 The jurisdiction of a Court may be original or ---------.
appellate
81 If it is time- barred, it cannot be claimed whether the set-off is legal or
equitable
82 The plaint may be returned even at the stage of-------.
argument
83 Suits for the partition of --------- property shall be instituted where the property is
situated.
Immoveable
84 The plaint shall contain the facts showing that the court has--------.
Jurisdiction
85 --------- shall mean plaint or written statement.
 Pleading
86 Legal Representative means executors, ---------------- and heir.
A. administrators
B. employees
C. guardians
87 Disposal of the suit at the first hearing is provided in ----------- of the CPC.
A. Order XV
B. Order XIV
C. Order XVI
88 The relief which the--------claims shall describe in the plaint.
A. plaintiff
B. defendant
89 After hearing of the proceedings, the Court shall pronounce---------- in open Court.
A. order
B. decree
C. judgment
90 Diplomats cannot be sued in Civil Courts.
A. False
B. True
91 Section ------------ is to prevent courts of concurrent jurisdiction in the same cause
of action.
A. 11
B. 9
C. 10
92 The relief which the ------------ claims shall describe in the plaint.
A. plaintiff
B. defendant
93 The subject matter of a suit may be —— claimed in the suit.
A. the property
B. the right or property
C. the right
1. Discuss the purpose of discovery and inspection under the Civil Procedure Code?
Answer

The purpose of discovery and inspection under the Civil Procedure Code is to: -

(i) maintain this own case, or

(ii) destroying the case of the the opponent, one party may require information from

another as to facts or as to document in the possession or power of his/her

opponent, relevant to the matter is disputed.

2. Which situation can result misjoinder of plaintiffs? Answer with relevant provision.
If two or more persons are joined as plaintiffs in one suit in a case where the aforesaid
two conditions do not exist, the result would be a misjoinder of plaintiffs.
3. When does the Court have the Power to examine witness immediately?

Answer

According to Order 1 8, Rule 16, the Court has the power to examine witness

immediately in the following situations.

(1 ) where a witness is about to leave the jurisdiction of the Court, or other sufficient
cause is shown to the satisfaction of the Court why his evidence should be taken
immediately, the Court, may upon the application of any party or of the witness at
any time after the institution of the suit, take the evidence of such witness.

4. What is the procedure if a plaintiff is not sufficiently stamped the plaint?

Answer
If a plaintiff does not sufficiently stamp the plaint, according to Order VII Rule 11 of
the Civil Code Procedure, where the relief claimed is properly valued, but the plaint
is written upon paper insufficiently stamped, and the plaintiff, on being required by
the Court to supply the requisite stamp paper within a time to be fixed by the Court.
5. A suit for possession of house situated at Yangon, when the defendant resides at
Mandalay. At what place this suit can be instituted?
Answer
 In this suit, the place of suing is under section 16 (a), subject to the pecuniary or other
limitations prescribed y any law suits for recovery of immoveable property with or
without rent or profits shall be instituted in the court within the local limits of whose
jurisdiction the property is situate. The suit should, therefore, be instituted in the
court at X where the house is situated.
6. What is the procedure to pronounce judgement?
Answer
Order 20, Rule 1:- Judgment when pronounced.
The court, after the case has been heard, shall pronounce judgment in open Court,
either at once or on some future day, of which due notice shall be given to the parties
or their pleaders.
Contents of judgment
(i)A concise statement of the case
(ii) the points for determination
(iii) the decision thereon
(iv) the reason for such decision,
(v) the date and signature of the Judge in open court at the time of pronouncing it,
(vi) where issues have been framed, the finding with reasons therefore on each
separate issue shall be stated.
7. Discuss the purpose of discovery and inspection under the Civil Procedure Code?

Answer

The purpose of.

(1) maintaining this own case, or

(2) destroying the case of the opponent, one party may require information from another
as to facts or as to document in the possession or power of his opponent, relevant to the
matter is dispute. He is entitled to know the nature of his opponent's case, so that he
may know beforehand what case he has to meet at the hearing.

8. How is service effected where the defendant refuses to receive a summon?

Answer
Rule 17:- Procedure when defendant refuses to accept service, or cannot be found.
 Where the defendant or his agent or such other person as aforesaid refuses to sign
the acknowledgment, or where the serving officer, after using all due and reasonable
diligence, cannot find the defendant, and there is no agent empowered to accept
service of the summons on his behalf, nor any other person on whom service can be
made, the serving officer shall affix a copy of the summons on the outer door or some
other conspicuous part of the house in which the defendant ordinarily resides or
carries on business or personally works for gain, and shall then return the original to
the Court from which it was issued, with a report endorsed thereon or annexed thereto
stating that he has so affixed the copy, the circumstances under which he did so, and
the name and address of the person (if any) by whom the house was identified and
in whose presence the copy was affixed.
9. A sues B on a bill of exchange for Ks 100000 B. B holds a judgment against A for Ks
50000. May the two claims of them be set-off?
Ans
Yes,the two claims of them be set-off. order 8 Rule -6, Set – off Illustrations (c) A sues
B on a bill of exchange for Ks 5000 B holds a judgment against
A for Ks 10000. The two claims being both definite pecuniary demands may
be set-off.
10. Where the defendant appears and the plaintiff does not appear at the day of hearing,
what is the procedure to follow?
Ans:
Rule 6:- Procedure when only Plaintiff appears
Rule 6:-1 Where the plaintiff appears and the defendant do not appear on the date of
hearing of the suit, then-
(a)If it is proved that summon was duly served, the court may proceed ex - parte:
(b)If it is not proved that the summon was duly served, the court shall direct a second
summons to be issued and served on the defendant;
(c)If it id proved that the summon was served on the defendant, but not in sufficient
time to enable him to appear and answer on the day fixed in the summons, the court
shall postpone the hearing of the suit to a future day to be fixed by the court, and
shall
 direct notice of such day to be given to the defendant.
(2) When it is owing to the plaintiff’s default that the summons was not duly served
or
was not served in sufficient time, the Court shall order the plaintiff to pay the costs
occasioned by the postponement
11. If a party claims to amend the cause of action from appatitha adoption to kittima,
adoption, how will the judge decide? Give your answer based on the relevant case.
12. Can a plaintiff omit to sue for one of several reliefs? Explain.
Yes, a plaintiff can choose to omit suing for one of several reliefs in a lawsuit. In legal
terms, this is often referred to as "waiving" a claim or "electing a remedy." There are
several reasons why a plaintiff might choose to do this:
1. Strategic Considerations: The plaintiff might strategically choose to focus on the
most important or strongest claims in order to streamline the case and increase the
chances of success.
2. Resource Management: Pursuing multiple reliefs can be time-consuming and costly.
By focusing on the most important reliefs, the plaintiff can conserve resources.
3. Simplicity: A lawsuit with fewer claims can be easier to manage and present to the
court, reducing complexity and potential confusion.
4. Judicial Economy: By narrowing the scope of the case, the court's time and
resources can be used more efficiently.
5. Legal Strategy: Sometimes, suing for certain reliefs might not align with the overall
legal strategy of the case. For example, pursuing certain reliefs might open up legal
arguments or defenses that could weaken the case overall.
It's important to note that once a lawsuit has been filed, the plaintiff generally cannot
add new claims or reliefs without the court's permission, unless those claims arise out
of the same transaction or occurrence as the original claims.
13. what can defendant do for a decree passed ex-parte against him?
Ans: Under 9 rule 13, Setting aside decrees or orders ex-parte
a decree of order is passed ex-part against a defendant, he may apply to the Court by
which the decree or order was passed for and order to set it aside; and if he satisfies
the Court that the summons was not duly served, or that he was prevented by any
 sufficient cause from appearinf when the suit was call on from hearing, the Court shall
make an order setting aside the decree or order as against him upon such terms as
to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for
proceeding with the suit:
14. What is the procedure to pronounce judgment?
Ans:
Under order 20, rule 1,
Judgment when pronounced,
The court, after the case has been heard, shall pronounce judgment in open Court,
either at once or on some future day, of which due notice shall be given to the parties
or their pleaders
Contents of judgment
(i)A concise statement of the case
(ii) the points for determination
(iii) the decision thereon
(iv) the reason for such decision
(v) the date and signature of the Judge in open court at the time of pronouncing it,
(vi) where issues have been framed, the finding with reasons therefore on each
separate issue shall be stated
15. U Tun Pe is a township judge who prepared a judgment and left it be pronounced by
his successor. Then, the successor, U Thura delivered the judgment under Order 20
Rule 2 of Civil Procedure Code and subsequently U Thura got promotion as a District
Judge and in that capacity decided the appeal also. Does he have capacity to decide
that appeal?
Ans:
And also, Daw Lay and 3 Vs. U Mg Gyi case • the decision is "where argument were
heard by one Judge who prepared the judgment and left it be pronounced by his
successor, and that successor delivered the judgment under Order 20 Rule 2 of civil
Procedure code and subsequently the same Judge became District and session Judge
and in that capacity decided the appeal also.
 Held by the Full Bench — That he was not competent to hear the appeal. The language
used in Order 20 Rule 2, civil procedure code is that a judge may pronounce a
judgment written but not pronounced by his predecessor. This power is discretionary,
and whether a Judge should exercise such discretion is a matter depending on the
facts of each case. Pronouncing a judgment is part of the trial, and if the Judge is in
doubt as to the correctness of such judgment, he an either proceed under order 18
rule 15, civil procedure Code or hear the case do no vo".
16. Discuss the purpose of Section 32 of the Civil Procedure Code.
Ans:
According to Section 32 Penalty for default,
The court may compel the attendance of any person to whom a summons has been
issued under section 30 and for that purpose may
(a)issue a warrant for his arrest;
(b).attach and sell his property;
(c).impose a fine upon him not exceeding five thousand kyats;
(d).order him to furnish security for his appearance and in default commit him to the
civil prison.
Rule 10:- Procedure where witness fails to comply with summons
10. (1) Where a person to whom a summons has been issued either to attend to give
evidence or to produce a document fails to attend or to produce the document in
compliance with such summons, the Court shall, if the certificate of the serving officer
has not been verified by affidavit, and may,
if it has been so verified, examine the serving officer on oath, or cause him to be so
examined by another Court, touching the service or non-service of the summons.
(2) Where the Court sees reason to believe that such evidence or production is
material, and that such person has, without lawful excuse, failed to attend or to-
produce the document in compliance with such summons or has intentionally
avoided service, it may issue a proclamation requiring him to attend to give evidence
or to produce the document at a time and place to be named therein;
and a copy of such proclamation shall be affixed on the outer door or other
conspicuous part of the house in which he ordinarily resides,
 (3) In lieu of or at the time of issuing such proclamation, or at any time afterwards,
the Court
may in its discretion, issue a warrant, either with or without bail, for the arrest of such
person, and
may make an order for the attachment of his property to such amount as it thinks fit,
not exceeding the amount of the costs of attachment and of any fine which may be
imposed under rule 12 :
17. Where the defendant appears and the plaintiff does not appear at the day of hearing,
what is the procedure to follow?
Ans:
Rule 6:- Procedure when only Plaintiff appears
Rule 6:-1 Where the plaintiff appears and the defendant do not appear on the date of
hearing of the suit, then-
When summons duly served.
(a)lf it is proved that summon was duly served, the court may proceed ex - parte:
When summons not duly served.
(b)lf it is not proved that the summon was duly served, the court shall direct a second
summons to be issued and served on the defendant; When summons served, but not
in due time.
(c)lf it id proved that the summon was served on the defendant, but not in sufficient
time to enable him to appear and answer on the day fixed in the summons, the court
shall postpone the hearinqof the suit to a in the summons, the court shall postpone
the hearing of the suit to a future day to be fixed by the court, and shall direct notice
of such day to be given to the defendant.
(2) When it is owing to the plaintiff's default that the summons was not duly served
or was not served in sufficient time, the Court shall order the plaintiff to pay the costs
occasioned by the postponement.
18. In suit for accounts of pecuniary transaction between principa an agent, which decree
shall the Court pass?
Ans:
 The code of civil procedure, Order20,Rule 16:- Decree in suit for account between
principal and agent. In a suit for an account of pecuniary transactions between a
principal and an agent, and in any other suit not hereinbefore provided for, where it
is necessary, in order to ascertain the amount of money due to or from any party, that
an account should be taken, the Coun shall, before passing its final decree, pass a
preliminary decree directing such accounts to be taken as it thinks fit.
19. If a party claims to amend the cause of action from appatltha adoption to kittima,
adoption, how will the judge decide? Give your answer based on the relevant case.
Ans:
The judge Null not be permitted. In Mg Ba Thein V. Ma Than Myint (Ran OSX) Case the
Judge decided according to the mention rule. In that case "'The plaintiff claimed to
be a kittima adopted child of one deceased, and in his plaint no alternation cause of
action on an appatitha adoption was pleaded. On the stilt being dismissed. Held. that
while the right of amendment or pleadings has been largely increased in the present
C.P.C and amendment is now much more freely granted -it remains a matter for
discretion. and that discretion must be exercised with regard to all the facts and
circumstance of the case. Held further, that the causes of action on the claims to be
a kittima son and an appatitha son are based being Nudely different. the court of
appeal by allowing the amendment would be practically ordering a new suit to be
commenced a fresh and that should not be permitted.
20. Discuss the purpose of discovery and inspection under the Civil Procedure Code?
The purpose of discovery and inspection under the civil procedure code is to;-
(i) maintain this own case, or
(ii) destroying the case of the opponent, one party may require
information from another as to facts or as to document in the possession or power
of his/her opponent, relevant to the matter is disputed.
21. U Tun Pe is a township judge who prepared a judgment and left it be pronounced
by his successor. Then, the successor, U Thura delivered the judgment under Order
20 Rule 2 of Civil Procedure Code and subsequently U Thura got promotion as a
District Judge and in that capacity decided the appeal also. Does he have capacity
to decide that appeal?
22. U Tun Pe is a township judge who prepared a judgment and left it be pronounced
by his successor. Then, the successor, U Thura delivered the judgment under Order
20 Rule 2 of Civil Procedure Code and subsequently U Thura got promotion as a
District Judge and in that capacity decided the appeal also. Does he have capacity
to decide that appeal?
And also, Daw Lay and 3 Vs. U Mg Gyi case
the decision is "where argument were heard by one Judge who prepared the
judgment and left it be pronounced by his successor, and that successor delivered
the judgment under Order 20 Rule 2 of civil Procedure code and subsequently the
same Judge became District and session Judge and in that capacity decided the
appeal also.
Held by the Full Bench — That he was not competent to hear the appeal.
The language used in Order 2() Rule 2, civil procedure code is that a judge may
pronounce a judgment written but not pronounced by his predecessor. This power
is discretionary, and whether a Judge should exercise such discretion is a matter
depending on the facts of each case.
Pronouncing a judgment is part of the trial, and if the Judge is in doubt as to the
correctness of such judgment, he an either proceed under order 18 rule 15, civil
procedure Code or hear the case do no vo".
23. What are the particulars of a summons?
Order 5, rule 2 of Civil Procedure Code provided that every summons shall be
accompanied by a copy of the plaint or, if so permitted, by a concise statement.
(i) intimate to the defendant of the date of hearing and whether he is to appear in
person or by a pleader;
(ii) contain a direction whether the date is fixed for settlement of issues only or for
final disposal of the suit, and
(iii) order the defendant to produce all documents in his possession or power upon
which he intends to rely in support of his case.
24. How is service effected where the defendant refuses to receive a summon?
Rule 17:- Procedure when defendant refuses to accept service, or cannot be found.
 Where the defendant or his agent or such other person as aforesaid refuses to sign
the acknowledgment, or where the serving officer, after using all due and
reasonable diligence, cannot find the defendant, and there is no agent empowered
to accept service of the summons on his behalf, nor another person on whom
service can be made, the serving officer shall affix a copy of the summons on the
outer door or some other conspicuous part of the house in which the defendant
ordinarily resides or carries on business or personally works for gain, and shall
then return the original to the Court from which it was issued, with a report
endorsed thereon or annexed thereto stating that he has so affixed the copy, the
circumstances under which he did so, and the name and address of the person (if
any) by whom the house was identified and in whose presence the copy was
affixed.
According to rule 17 of order 5, in U Wa Vs. U Ba Tun *case judge held that — "
When a defendant or his agent or an adult number of his family in his absence
refuses to take delivery of a copy of the summons tendered to him, it is necessary
for the process — server to affix a copy of the summons to the outer door or to
some other conspicuous part of the house in which the defendant ordinarily
resides or carries on business, etc, as required by order 5, Rule 17 of the C.P.C. It
cannot be taken as due service when merely on the refusal of the defendant or his
agent or an adult member of his family to take delivery of the summons or to give
permission for its affixation for the process server to bring the copy away and
return the same with a report to that effect. Unless it is physically impossible for
the process server to affix a copy of the summons to a conspicuous part of the
house he should make his best endeavour to carry out the direction contained in
order 5, Rule 17.
25. How many kinds of admission are there under the Civil Procedure Code?
Admissions are of the three kinds namely-
(i) Admissions in pleadings.
(ii) Admissions by agreement.
(iii) Admissions by notice. (Order 12)