Tuesday, May 28, 2024

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CPCPRACTICE MOCK TESTSUBJECT WISE MCQ

RES SUBJUDICE

  1. Which section of the CPC laya down that rule of res sub judice?
    a) Section 11
    b) Section 10
    c) Section 12
    d) Section 13
  2. Under section 10 of CPC, 1908, a court during pendency of a suit before it
    a) Can entertain and try subsequent suit
    b) Shall not proceed to try though may entertain second suit
    c) Cannot entertain an proceed to try second suit
    d) Neither can entertain nor shall proceed for second suit
  3. Section 10 of the Code of Civil Procedure can come into operation
    a) Before settlement of issues in subsequent suit
    b) Before filing of written statement in the subsequent suit
    c) After settlement of issues in subsequent suit
    d) All of these
  4. The term โ€˜Res sub judiceโ€™ means
    a) Stay of suit
    b) Stay of appeal
    c) Stay of execution
    d) Stay of application
  5. The rule of sub judice applies to
    a) Institution of suits
    b) Trial of suits
    c) Both (a) and (b)
    d) None of the above
  6. If the two suits between same parties involve same subject matter and same questions then the subsequent suit should be
    a) Dismissed
    b) Rejected
    c) Stayed
    d) None of above
  7. The order staying the proceedings in the subsequent suit can be made
    a) At any stage
    b) At the time of institutions
    c) At initial stage
    d) None of the above
  8. Provisions of section 10 of CPC are
    a) Mandatory
    b) Directory
    c) Discretionary
    d) Non mandatory
  9. Under section 10 of CPC, during the pendency of suit in a foreign court, Indian Courts __ trying a suit founded on the same cause of action.
    a) are precluded from
    b) are not precluded from
    c) do not have the jurisdiction of
    d) None of the above
  10. Which of the following remedies is available against a courtโ€™s order under sec. 10?
    a) Appeal
    b) Revision
    c) Both (a) and (b)
    d) None of the above

ANSWER

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

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