Sunday, May 26, 2024

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CPCPRACTICE MOCK TESTSUBJECT WISE MCQ

RES JUDICATA

  1. Principle of res judicata is embodied under which section pf the Code of civil Procedure?
    a) Section 9
    b) Section 10
    c) Section 11
    d) Section 12
  2. Res judicata may operate between
    a) A plaintiff and a defendant
    b) Co-plaintiff
    c) Co-defendant
    d) All of the above
  3. A decision on an issue of law operates as res judicata
    a) If the cause of action in the subsequent suit is the same as in the former suit, only when the decision on the point of law is correct
    b) If the cause of action in the subsequent suit is the same as in the former suit, even though the decision on the point of law is erroneous.
    c) If the cause of action in the subsequent suit is different from that in the former suit, when the decision on the point of law is correct
    d) None of the above
  4. Res judicata is applicable to points decided on
    a) Question of law
    b) Question of fact
    c) Mixed question of law and fact
    d) Both (a) and (c)
  5. In a suit where doctrine of res judicata is applicable , the suit is liable to be
    a) Rejected
    b) Dismissed
    c) Rejected
    d) None of the above
  6. The maxim โ€˜Nemo debet bis veaxri pro uno et eadem causaโ€™ is the basic principle behind the rule of
    a) Res judicata
    b) Res subjudice
    c) Jurisdiction
    d) None of the above
  7. Which of the following case is related to the principle of res judicata?
    a) Darayo v. State of UP
    b) LIC v. Indian Automobile
    c) Satyadhan Ghosal v. Deorajin Debi
    d) All of the above
  8. Doctrine of res judicata is not applicable to the writ of
    a) Certiorari
    b) Habeas Corpus
    c) Mandamus
    d) Quo-warranto
  9. The expression โ€˜former suitโ€™ in the context of rule of res judicata means a suit which has been
    a) Instituted prior to the suit in question
    b) Decided prior to the suit in the question
    c) Both (a) and (b)
    d) Neither (a) nor (b)
  10. The principal of res judicata can be invoked
    a) Only in separate proceedings
    b) Also in the subsequent stage of the same proceeding
    c) Only (a)
    d) None of the above

Answer

  1. C
  2. D
  3. B
  4. D
  5. B
  6. A
  7. D
  8. B
  9. B
  10. B

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