Judicial Services & PCS-J (State Civil Judge Prelims)

Res Judicata, Jurisdiction & Injunctions (CPC) question bank (Civil Procedure & Specific Relief)

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Q1.

Under Section 11 of the Code of Civil Procedure, 1908 (CPC), which condition is NOT essential for the application of the doctrine of Res Judicata?

(A)

{'key': 'A', 'text': 'The matter directly and substantially in issue in the subsequent suit must have been directly and substantially in issue in the former suit'}

(B)

{'key': 'B', 'text': 'The former suit must have been between the same parties or between parties under whom they claim'}

(C)

{'key': 'C', 'text': 'The former court must have been an appellate court higher in jurisdiction than the subsequent court'}

(D)

{'key': 'D', 'text': 'The former suit must have been heard and finally decided by a court competent to try the subsequent suit'}

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Q2.

[State Judicial Services PCS-J - Res Judicata, Jurisdiction & Injunctions (CPC) (Question #17)]
Which of the following propositions correctly states the law regarding Doctrine of Lis Pendens under Transfer of Property Act (Section 52)?

(A)

{'key': 'A', 'text': 'A transfer of suit property during active litigation is subject to the final decree'}

(B)

{'key': 'B', 'text': 'Renders the transfer completely void ab initio'}

(C)

{'key': 'C', 'text': 'Applies only to movable property'}

(D)

{'key': 'D', 'text': 'Bars the court from hearing the suit'}

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