Code Of Civil Procedure - Practice Test

[#1316] A filed a suit against B seeking three reliefs. The matter was decreed in A's favour and the first relief was partially granted to A. The decree was silent as to the other two reliefs. Can A file a second suit in the same matter seeking the further two reliefs?

(A) No, the bar of res judicata will apply

(B) Yes, the bar of res judicata will not apply since the court did not address these reliefs

(C) Yes, because it will be assumed that the plaintiff was not given a fair hearing

(D) The Court has to determine, on a case by case basis, whether by not addressing the reliefs in the first case, the plaintiff was denied a fair hearing. If the Court determines that the plaintiff was denied a fair hearing, then a second suit is permitted

Correct Answer

(A) No, the bar of res judicata will apply

[#1317] In second appeal the re-appreciation of evidence is:

(A) Permissible

(B) Subject of revision

(C) Not permissible

(D) None of these

Correct Answer

(C) Not permissible

[#1318] Judgement and decree passed by the court which lacks inherent jurisdiction

(A) Is a nullity

(B) Would never operate as res judicata

(C) Can be challenged in subsequent suit

(D) All of these are correct

Correct Answer

(D) All of these are correct

[#1319] The Code of Civil Procedure, 1908 extends to the:

(A) Whole of India

(B) Whole of India, except the State of Jammu and Kashmir

(C) Whole of India, except the Scheduled Areas and State of Jammu and Kashmir

(D) Whole of India, except the State of Jammu and Kashmir and Tribal Areas

Correct Answer

(D) Whole of India, except the State of Jammu and Kashmir and Tribal Areas

[#1320] Which of the following deals with statement in case of documents not in plaintiff's possession or power in the Code of Civil Procedure?

(A) Order 7, Rule 15

(B) Order 4, Rule 13

(C) Order 6, Rule 10

(D) Order 10, Rule 22

Correct Answer

(A) Order 7, Rule 15

Code Of Civil Procedure - Study Mode

[#1316] A filed a suit against B seeking three reliefs. The matter was decreed in A's favour and the first relief was partially granted to A. The decree was silent as to the other two reliefs. Can A file a second suit in the same matter seeking the further two reliefs?

Correct Answer

[#1317] In second appeal the re-appreciation of evidence is:

Correct Answer

[#1318] Judgement and decree passed by the court which lacks inherent jurisdiction

Correct Answer

[#1319] The Code of Civil Procedure, 1908 extends to the:

Correct Answer

[#1320] Which of the following deals with statement in case of documents not in plaintiff's possession or power in the Code of Civil Procedure?

Correct Answer