CPC Mains Questions Series: Important Questions for Judiciary, APO & University Exams | Part – II of X

Legal Bites brings to you CPC Mains Questions Series.

Update: 2020-09-18 05:14 GMT

Legal Bites brings to you CPC Mains Questions Series. The questions enlisted here are arranged section-wise and will aid the students in preparing for Judiciary, APO or University Exams. The list of questions curated by Legal Bites will help candidates identify the important and frequently asked questions and give them good practice for their aptitude and knowledge.

CPC Mains Questions Series Part II of X

We know answer writing is a continuous exercise that is an inalienable part of the preparation process for any Examination. A well-written answer not only reflects the knowledge of an aspirant but also his/her ability to tailor the content in a manner suited to meet the expectations of the question.

Rigorous preparation for this exam is mandatory in order to crack it. In the last few months prior to the exams, it is sufficient for candidates to simply keep practising these questions in order to gain mastery over the subjects studied. Not only the candidate’s confidence level but also their scores will show good improvement upon following it.

CPC Mains Questions Series Part – II of X

Pendency of a criminal case on the same factual foundation whether can be ground to stay the trial of the civil suit under Section 10 of CPC? [MPHJS 2018]

Question 4

Proceeding under Section 133, Cr.P.C. was instituted while proceedings involving similar controversy were pending in a Civil Court. What proceedings are to be stayed? [U.P.H.J.S., 1984), (U.P.A.P.O., 1997), (M.P.H.J.S., 2010, 1979]

Question 5

Res-judicata and Estoppel. [UPCJ, 1984, 2016, MP HJS 2015]
Res-judicata and Res-Sub-judice. [UPHJS 1998, 1999, 2001, 2011, DJS 2006, CGJ 2003, 2004, MPCJ Z2011, 2014, BIHAR J 2011, HR J 1998, 1999, 2001, 2011, UPHJS 2018]

Question 6

In which of the following cases the rule/principle of res judicata will operate:

Question 7

‘A’ files a suit against B’ for recovery of possession of a house situated at Juhu (Mumbai) on the basis of a sale deed executed by B’. The suit is heard and dismissed by a court of competent jurisdiction 'A’ after two years again files a suit against ’13’ for the same house on the same ground which he had asserted in the previous suit, in the same court. Can the court try the subsequent suit filed by ‘A’ against B”? Give reasons for your answer.

Question 8

Under which other provisions of the Code of Civil Procedure besides Section 11, a second suit has been barred? Discuss briefly. [U.P. (C.J.), 2013]

Question 9

‘A’ sues ‘B’ for certain land in his personal capacity. The suit is heard and dismissed. Against ‘A’ sues ‘B’ for the same land in the same court as Mutawali. Is the subsequent suit barred by Res Judicata? Give reasons in support of your answer and also refer to the case law on the point, if any. [UPHJS 2000, UPCJ 2012]

Question 10

‘A’ brought a suit against ‘B’ to recover possession of math property claiming it as the heir deceased Mahant. The suit was dismissed because ‘A’ failed to produce a certificate of succession to establish his heirship. ‘A’ brings another suit against '13′ claiming the math property as manager of the math property on behalf of the math. Plea of res judicata is raised. Decide. [HP J.S. 2005]

Question 11

‘A’ files a suit for declaration that he is entitled to certain lands as heir to B The suit is dismissed. Can he claim in later suit the same properties on the basis of adverse possession? Give reasons in support of your answer and also refer case law, if any, on the point. [UPCJ. 1982, B.J. 1986, Raj J. 1976, WB J 1992, B. J. 1997]

Question 12

Does the failure to raise an alternative plea in the former suit which is inconsistent with the main plea operate as res judicata in the later suit? Give reasons and also refer case-law, if any, on the point? [UPHJS. 1995]

Question 13

Does the principle of res judicata apply between co-defendants? Give reasons in support of your answer and also refer the case law if any, on the point. Or

Does the principle of res judicata apply between co-plaintiffs? [UPHJS. 1988, 1996, UPHJS. 1978, MPHJS. 1996, UPCJ. 2003]

Question 14

Does the doctrine of 'res judicata’ apply to proceedings in execution of a decree? Give reasons in support of your answer and also refer the case-law, if any, on the point. [Raj. J.S. 1970]

Question 15

Does the doctrine of res judicata applies to ‘Tax proceedings’? Give reasons in support of your answer and also refer judicial decisions, if any, on the point.

Civil Procedure Code; Notes, Case Laws And Study Material

Question 16

Does the doctrine of res judicata apply in probate proceedings? Give reasons and also refer case law, if any, on the point.

Question 17

State briefly whether the principle of Res Judicata would be applicable in the following case? “If the previous suit was dismissed for default.” [UPHJS. 1995, Raj J.S. 1974]

Question 18

State whether the doctrine of Res Judicata would be applicable in the following case. “If the previous decision was given by a court having no jurisdiction”. [Raj J 1974, UPHJS. 1995]

Question 19

State briefly whether the doctrine of Res Judicata would be applicable in the following case? “If the previous case was decided by a court of Exclusive Jurisdiction”. [Raj J 1974]

Question 20

Does the principle of res judicata apply in case of a decision given by the court of limited jurisdiction? [BIHAR J. 1995]

Question 21

Does the principle of res judicata apply if the previous decision of the court was erroneous in law? Give reasons and also refer case-law, if any on the point? [Raj. J.S., 1974]

Question 22

Does the ‘doctrine of res judicata’ apply in a case of a consent decree or compromise decree? Give reasons and also refer the case law, if any, on the point. [Raj. J.S. 1974]

Question 23

Does the ‘Doctrine of res judicata’ apply in case of a decree passed against minor in a suit? Refer to relevant case law, if any on the point.

Question 24

Is a proforma defendant bound by the doctrine of res judicata? Give reasons and also refer case laws on the point: [BIHAR J 1986]

Question 25

Does the doctrine of ‘ res judicata’ apply to writ proceedings? Give reasons in support of the answer and also refer to the case law, if any, on the point.

Question 26

Does the principle of res judicata apply in a writ petition which is dismissed in limine? Give reasons and also refer to the case law, if any, on the point.

Question 27

Does the doctrine of res judicata apply in the following case? A writ petition under Article 226 of the Constitution was dismissed by High Court in limine without a speaking order. The petitioner subsequently filed a petition under Article 32 on the same subject matter taking the same plea. [UPHJS, 1995]

Question 28

Does the doctrine of res judicata apply to the writ of Habeas Corpus? Give reasons in support of your answer and also refer to the case law, if any, on the point.

Question 29

Does the principle of Constructive res judicata’ apply to writ proceedings? Give reasons in support of your answer and also refer case law, if any on the point.

Question 30

Does the doctrine of ‘Constructive res judicata’ apply to the writ of ‘Habeas corpus’? Give reasons in support of your answer and also refer case law, if any, on the point.

Question 31

'A' Claiming to be a landlord sues the tenant 'B' for recovery of rent. 'B' takes the plea that ‘A' is not the landlord. 'A' fail to prove his title and the suit is dismissed. ‘A' then sues 'B' and one 'C' for a declaration of his title to the property. Decide. [UPJS 2023]

Question 32

The plaintiff is resident of Faridabad and filed a suit for declaration against the defendant, a resident of Gurgaon, in District Courts, Gurgaon that he has half share in a house situated in Ghaziabad (U.P.) and a sum of 1 Lakh are lying deposited in SBI, Gurgaon. The defendant got wrongly execute the house in his name and is also not admitting the claim in the amount lying in the bank. The defendant contested in the suit that the Gurgaon Courts have no jurisdiction to hear the case. How will you decide? Give reasons. [JJS 2018]

Question 33

Distinguish between Res judicata and Constructive Res judicata. Also, explain the provisions of constructive res judicata in Civil Procedure Code, 1908. [JJS 2018]

Question 34

A Superintendent of Police was dismissed from service by the Deputy Inspector General. He challenged the said decision by filing a writ petition in the High Court on the ground that he was not afforded a reasonable opportunity, but the petition was dismissed. He then filed a suit and raised an additional plea that he was appointed by Inspector General of Police and Deputy Inspector General was not competent to pass an order against him. The State contended that the suit was barred by constructive res judicata. All the courts including the High Court held against the State and State appealed to the Supreme Court.

Examine whether the plea taken by the State is valid. Explain by quoting the relevant legal provisions, principles and case laws. [OJS 2022]

Question 35

A filed a suit against B to recover possession of a house. He values his claim in the plaint at ₹10,000. The suit is filed in Court C, which has jurisdiction to try suits of a value up to 20,000. The market value of the house is ₹22,000, but B does not object to the jurisdiction of the court. The decree is passed in favour of A. Whether B can take the objection about the pecuniary jurisdiction of Court C, in the appellate court? Explain by quoting the relevant legal principles, provisions and case laws. [OJS 2022]