CPC S.9-14

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SECTION 9 - COURTS TO TRY ALL CIVIL SUITS UNLESS BARRED.

"The Court shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

EXPLANATION I.—

A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.

EXPLANATION II. —

For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place."

Under Civil Procedure Code, a litigant having a grievance of Civil nature has a right to institute a Civil suit if cognizance is:

a. Not expressly barred

b. Impliedly barred

c. Expressly and impliedly barred

d. None of these

Ans. (a)

Whether court can, without exception, try all suits of civil nature?

a. No

b. Yes

c. May be

d. None of the above

Ans. (a)

Courts have jurisdiction to try all suits of a civil nature except suits, the cognizance of which is either expressly or impliedly barred, by virtue of:

a. Section 7 of the CPC

b. Section 8 of the CPC

c. Section 9 of the CPC

d. Section 6 of the CPC

Ans. (c)

For determination of an objection under section 9 of Code of Civil Procedure as to the exclusion of jurisdiction of Civil Court, the Court is to primarily see the averments made in:

a. Plaint only

b. Plaint and written statement only

c. Plaint, written statement and replication only

d. Averment made in application for return of plaint

Ans. (a)

Which one of the following is not a suit of civil nature under C.P.C.?

a. A suit against deprivation from attending social functions

b. A suit for arrears of salary

c. A suit for right of burial

d. A suit for restitution of conjugal rights

Ans. (a)

Civil Court’s jurisdiction is not barred in proceeding under:

a. Industrial disputes act

b. Income-tax recovery under income- tax act

c. Administrative Tribunal Act

d. All of the above

Ans. (d)

Which of the following is not a right of civil nature:

a. Caste & Religion

b. Right to services which are honorary & gratuitous

c. Brij jijmam rights

d. Both (a) & (b)

Ans. (d)

SECTION 10 - STAY OF SUIT

No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or constituted by the Central Government and having like jurisdiction, or before the Supreme Court."

EXPLANATION

The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action.

Under Section 10 of the Code of Civil Procedure, 1908, 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

The rule of res sub judice as provided in Section 10 of Civil Procedure Code: —

a. Stays the trial of the subsequent suit

b. Stays the trial of the previous suit

c. Prevents simultaneous hearing of previous and subsequent suits under all the circumstances

d. Stays the institution of the subsequent suit

Ans. (a)

Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present and the other filed later. wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively, be passed by the court of previous instance. Which section of CPC decides the fate of the subsequently filed suit and its proceeding?

a. Section 9

b. Section 10

c. Section 11

d. Section 12

Ans. (b)

Section 10 of the Civil Procedure Code, 1908 does not apply when the previous suit is pending

a. In the same court

b. In a foreign court,

c. In the court outside India established or continued by the Central Government

d. In any other court in India

Ans. (b)

Section 10 of Civil Procedure Code can come into operation

a. Before filing of written statement in the subsequent suit

b. Before settlement of issues in subsequent suit

c. After settlement of issues in subsequent suit

d. All of these

Ans. (d)

Whether the pendency of a suit in a foreign court will preclude the courts in India from trying a suit founded on the same cause of action?

a. Yes

b. No

c. It will depend on the nature of the suit

d. Finding will be said on valuation of the suit

Ans. (b)

Which of the following is not an essential condition for the applicability of the rale of sub judice?

a. The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit.

b. Both the suits must be between the same parties or their representatives.

c. Such parties must be litigating under the same title in both the suits.

d. The subject matter and the’ cause of action should be the same in both the suits.

Ans. (d)

Under section 10, Code of Civil Procedure, 1908, a court during pendency of a suit before it:

a. Can entertain and try second suit

b. Cannot entertain and proceed to try second suit

c. Shall not proceed to try though may entertain second suit

d. Neither can entertain nor shall proceed for second suit

Ans. (c)

Provisions of Section 10 of C.P.C. are

a. Directory

b. Mandatory

c. Discretionary

d. None of the above

Ans. (b)

Which Section of the CPC lays down the rule of res sub judice?

a. Section 15

b. Section 13

c. Section 11

d. Section 10

Ans. (d)

A' the tenant files a suit for permanent injunction against ‘B’ the landlord for not to be dispossessed except by due process of law pleading that ‘B’ is planning to forcibly dispossess him. During the pendency of above suit, 'B' attempts to forcibly disposes ‘A’. 'A' files another suit for injunction.

a. The second suit is barred by res judicata

b. The rule of res sub judice will apply

c. Both (a) and (b)

d. None of the above

Ans. (b)

In the case of 'res sub judice' under Section 10 of the Code of Civil Procedure, the court can:

a. Pass interim orders

b. Grant of injunction

c. Appoint a receiver

d. All of the above

Ans. (d)

The term "Res Sub Judice" means

a. Stay of suit

b. Stay of appeal

c. Stay of application

d. Stay of execution

Ans. (a)

Provisions of Section 10 of CPC are:

a. Directory

b. Mandatory

c. Non-mandatory

d. Discretionary

Ans. (b)

SECTION 11- RES JUDICATA.

"No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.

EXPLANATION I.—

The expression 'former suit' shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto.

EXPLANATION II. —

For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.

EXPLANATION III. —

The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other.

EXPLANATION IV—

Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.

EXPLANATION V—

Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused.

EXPLANATION VI. —

Where persons litigate bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the persons so litigating

EXPLANATION VII. —

The provisions of this section shall apply to a proceeding for the execution of a decree and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a proceeding for the execution of the decree, question arising in such proceeding and a former proceeding for the execution of that decree.

EXPLANATION VIII. —

An issue heard and finally decided by a Court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of limited jurisdiction was not competent to try such subsequent suit in which such issue has been subsequently raised."

The principle of res judicata does not apply in case of writ of:

a. Habeas corpus

b. Mandamus

c. Quo warranto

d. Prohibition

Ans. (a)

Rule of "constructive res judicata' is contained in which explanation to Section ll of the C.P.C.

a. explanation ll

b. Explanation III

c. Explanation IV

d. Explanation V

Ans. (c)

C.P.C.—The principal of Res Judicata can be invoked

a. Only in separate proceeding

b. Also, in subsequent stage of the same proceeding

c. Depends upon some things

d. None of the above

Ans. (b)

The principle of res judicata is also applicable between co-defendants. Which one of the following is not an essential condition to bind the co-defendants?

a. The Co-defendants must have filed joint written statement

b. There must be a conflict of interest between the defendants concerned

c. It must be necessary to decide this conflict in order to give the plaintiff the relief he claims

d. The question between the defendants must have been finally decided

Ans. (a)

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

Ans. (b)

Plea of res judicata:

a. Has to be specifically raised

b. Need not be specifically raised

c. Is for the Court to see of its own

d. None of the above

Ans. (a)

Res judicata is

a. A question of law

b. A fact which should be pleaded

c. A fact which need not be pleaded

d. A matter which can be taken judicial notice of

Ans. (b)

A file a suit for declaration that he is entitled to certain land as the heir of C. The suit is dismissed. Subsequently suit is claimed on the basis of adverse possession; subsequent suit is barred on the ground of:

a. Constructive res-judicata

b. Actual res-judicata

c. Either (a) or (b)

d. None of the above

Ans. (a)

In which of the following case Sir Laurence Jenkins has observed that "the rule of res judicata, while founded on account of precedent/ is directed by a wisdom which is for all times"?

a. Lai Chand v. Radha Kishan

b. Sheopersan v. Ramanand Singh

c. Sulochana Amma v. Narayanan Nair

d. Pandurang Ramachandra v. Shantibai

Ans. (b)

The expression 'former suit' 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 question.

c. Both (a) and (b)

d. Neither (a) nor (b)

Ans. (b)

Principle of constructive res judicata is contained in

a. Explanation III of Section 11

b. Explanation IV to Section 11

c. Explanation VI to Section 11

d. Explanation VII to Section 11

Ans. (b)

After the trial of the suit the Court found that the suit was barred by the principle of res judicata and did not discuss and answer the other issues, The procedure adopted by the court is:

a. Legal

b. Justified

c. Proper

d. Illegal

Ans. (d)

Which provision of the Code deals with the concept of 'constructive res judicatca'?

a. Section 10

b. Section 11

c. Section 12

d. Section 13

Ans. (b)

'Former Suit' denotes that

I. a suit which has been decided prior to the suit in question

II. whether or not it was instituted prior thereto

a. both is a true statement

b. (i) is correct only

c. (ii) is correct only

d. (i) is correct but (ii) is not

Ans. (a)

The provisions of Res judicata are also implemented in the case of the execution of decree: —

a. The statement is correct

b. The statement is wrong or incorrect

c. The provisions of Res judicata are implemented in the suits only

d. The provisions are not implemented on pointing out by the judgement debtor

Ans. (a)

In which of the following explanations to section 11 of Civil Procedure Code constructive res judicata

is provided?

a. Explanation III

b. Explanation IV

c. Explanation V

d. None of these

Ans. (b)

The rule of res judicata is based on the principle that: —

a. There should be an end to litigation

b. No one should be troubled twice for the same cause of action

c. Both (a) and (b)

d. Neither (c) nor (d)

Ans. (c)

Res judicata' does not apply to:

a. Between co-plaintiffs

b. Between co-defendants

c. Public interest litigation

d. Writ of habeas corpus

Ans. (d)

The provisions of Res Judicata also apply to the execution proceedings of a decree:

a. True

b. False

c. Res judicata only applies to the suit

d. Not apply if objection raised by JDR

Ans. (a)

The doctrine of res judicata ' under Section 11 Code of Civil Procedure, 1908 applies to:

a. Decision of a court. without jurisdiction

b. A writ of mandamus and of certiorari

c. Consent/compromise decree,

d. A writ of habeas corpus

Ans. (b)

A suit was filed and disposed off by a Court which had no territorial jurisdiction to try it. That judgement and decree became final. Whether the findings recorded in it operate as res judicata in a subsequent suit between the same parties.

a. No

b. Yes

c. Depends on the facts and circumstances of each case

d. At the discretion of the court

Ans. (a)

Mark the incorrect statement in context of a representative suit:

a. If the person suing or defending does not proceed with due diligence, the court can substitute in his place any person having the same interest in the suit.

b. The suit can be withdrawn, compromised or abandoned by the plaintiff after notice to all the persons interested.

c. Any decree passed in such a suit is binding bn all the persons interested.

d. Res judicata is not applicable to such a suit.

Ans. (d)

The doctrine of res judicata as contained in Section 11, is based on the maxim:

a. Nemo debet bis vexari pro una eadem causa

b. Interest reipublicae ut sit finis lititum

c. Lex non cogit ad impassibilia

d. Executio juris non habet injuriam

Ans. (b)

Suit for partition of properties situated in different cities:

a. Cannot be instituted and separate suits have to be filed in each of the cities where the properties are situated

b. Can be instituted in a city where any of the properties is situated

c. Can be instituted in a city where majority of the properties or properties/property of maximum value is situated

d. Can be instituted where the defendants or any of them reside(s)

Ans. (b)

A suit for specific performance of contract is dismissed. Whether subsequent suit for compensation for breach of contract is maintainable?

a. Yes, with permission of court, in the next suit.

b. No.

c. Yes, if superior court directs,

d. None of the above

Ans. (b)

What is res-judicata?

a. A court.

b. A tribunal.

c. A principle of law.

d. None of the above.

Ans. (c)

The rule of 'res-judicata' is not applicable in the writ of:

a. Quo-warranto

b. Prohibition

c. Habeas Corpus

d. Mandamus

Ans. (c)

‘A' sues for possession of Math property as an heir of Mahant. The suit is dismissed on his failure to produce the succession certificate. 'A' files subsequent suit as manager of the Math. Is the suit barred?

a. The second suit will be barred by res judicata

b. The second suit will not be barred by res judicata

c. The second suit is barred by res sub judice

d. None of the above

Ans. (b)

Which of the following is not a case on res-judicatal

a. Duche's of Kington case

b. Chhajju Ram v. Neki

c. Munni Bibi v. Trilok Nath

d. Byram Pestonji Kariioala v. Union of India

Ans. (b)

The principle of constructive res- judicata was explained by the Hon'ble Supreme Court in the case of

a. Daryao v. State of U.P.

b. State of U.P. v. Nawab Hussain

c. Both (a) and (b) above

d. None of the above

Ans. (b)

Assertion (A): The rule of constructive res judicata is applicable to writ petitions.

Reason (R): Public policy considerations i underlying res judicata also hold true in relation to writ proceedings. Code:

a. Both A and R are true and R is the correct explanation of A

b. Both A and R are true but R is not the correct explanation of A

c. A is true but R is false

d. A is false but R is true

Ans. (a)

SECTION 12- BAR TO FURTHER SUIT.

Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this Code applies.

13. WHEN FOREIGN JUDGMENT NOT CONCLUSIVE.

A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-

a. where it has not been pronounced by a court of competent jurisdiction;

b. where it has not been given on the merits of the case;

c. where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable;

d. where the proceedings in which the judgment was obtained are opposed to natural justice;

e. where it has been obtained by fraud;

f. where it sustains a claim founded on a breach of any law in force in India.

The principle of Private International Law is incorporated in

a. Sections 13 and 14 of the Code of Civil Procedure

b. Sections 15 and 16 of the Code of Civil Procedure

c. Sections 17 and 18 of the Code of Civil Procedure

d. Sections 19 and 20 of the Code of Civil Procedure

Ans. (a)

Validity of a foreign judgment can be challenged under Section 13 of CPC

a. In a civil court only

b. In a criminal court only

c. In both civil and criminal court

d. Neither in civil nor in criminal court

Ans. (a)

Under Section 13 of CPC which of the following judgments shall not be conclusive?

a. Judgment not on merit.

b. Judgment founded on breach of Indian law.

c. Judgment against International law.

d. All of the above

Ans. (d)

A foreign judgment, not covered by any of the exceptions, under Section13 of C.P.C., shall be as to any matter thereby directly adjudicated upon between the same parties:

a. Persuasive

b. Wholly irrelevant

c. Conclusive

d. Advisory

Ans. (c)

14. PRESUMPTION AS TO FOREIGN JUDGMENTS.

The Court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.

Section 14 of CPC enacts that the Court shall presume, upon the production of a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction. This presumption is

a. Rebuttable presumption of fact

b. Irrebuttable presumption of fact

c. Rebuttable presumption of law

d. Irrebuttable presumption of law

Ans. (c)

On production of a certified copy of the foreign judgment, the presumption as to the competency of the court, under section 14 of CPC is a:

a. Presumption of fact

b. Presumption of fact & law both

c. Rebuttable presumption of law

d. Irrebuttable presumption of law

Ans. (c)

Which Section of the CPC declares that the court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a court of competent jurisdiction, unless the contrary appears on the record, or is proved?

a. Section 13

b. Section 14

c. Section 19

d. Section 20

Ans. (b)

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