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

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

Question 1

Is a suit merely for declaration, a suit of civil nature? Give reasons in support of your answer and also refer case-law, if any, on the point.

Question 2

In a case, the principal dispute between the parties is with regard to religious rites to be performed in a Mandir. Whether a suit can be filed in respect of this case? Give reasons and also refer case-law, if any, on this point. [DELHI HJS. 2001]

Question 3

What is res-subjudice? Explain. [UPHJS 1998, 1999, 2001, 2011, DJS 2006, CGJ 2003, 2004, MPCJ, 2011, 2014, B. J., 2011, HR. J. 1998, 1999, 2001, 2011] Or

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. 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

1. Explain the principles of the doctrine of Res-judicata. Is S. 11 C.P.C, exhaustive in this matter? [CG. (J) 2004, 2010, (Bihar (J) 1980, 1986, 2006, 2014, Jharkhand (J) 2014, UP (J) 1984, 1988, 1997 Haryana (J) 1986, 1996, 2000, CG 2010, Raj J 1970]
2. Explain the essential conditions and objects of Res-judicata.
3. Explain the Doctrine of Constructive res-judicata. [UPCJ 1986, 2012, BIHAR J 1991, HR J 1988, 1999, 2010, DJS 2007, HJS 1988, 1999, 2011, CGJ 2010]
4. Does Res-judicata apply to execution proceedings? [Haryana (J) 1996. HJS 1996]
5. Distinguish between the following:

1. Res-judicata and Estoppel. [UPCJ, 1984, 2016, MP HJS 2015]
2. 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:

1. Failure to raise an alternative plea which is inconsistent with the main plea in the suit.
2. A suit was dismissed on the plea of limitation without adjudicating merits. A subsequent suit was filed in which the same pleas were raised.
3. A suit between co-parceners for the partition of immovable property was finally decided. Subsequently one of the coparceners filed another suit for partition to movable property. [Raj J 1988, MPHJS 2015, UPHJS 2018]
4. A writ petition under Article 226 of the Constitution was dismissed by the 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.
5. Dismissal by Trial Court of suit for default or for want of jurisdiction.

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 answer and also refer 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 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 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.

Civil Procedure Code; Notes, Case Laws And Study Material