Part 1 MCQ Quiz - Objective Question with Answer for Part 1 - Download Free PDF

The correct answer is Stay of suit

Key Points​

• Res Sub Judice" is a Latin term meaning "a matter under judicial consideration". Under Section 10 of the Code of Civil Procedure, 1908, the doctrine of res sub judice applies when:
• A matter directly and substantially in issue in a suit is already pending between the same parties in a previously instituted suit in a competent court.
• In such a case, the subsequent suit must be stayed until the first suit is decided.
• Key Points:
  • Legal Provision: Section 10, CPC
  • Objective: To prevent parallel litigation and avoid contradictory judgments
  • Effect: Stay of trial of the later suit, not dismissal

Additional Information

• Option 2. Stay of appeal – This term refers to postponing appellate proceedings, not related to Section 10 CPC.
• Option 3. Stay of application – There's no legal doctrine called “res sub judice” that stays an application.
• Option 4. Stay of execution – This involves stopping the enforcement of a court decree, not trial of a suit.

The correct answer is 'All of the above'

Key Points

• Challenging a foreign judgment under Sec. 13 of the Civil Procedure Code (C.P.C.) in India:
  • Section 13 of the C.P.C. provides grounds on which a foreign judgment can be challenged in India.
  • These grounds ensure that judgments from foreign courts are fair and just before they are enforced in India.
  • The grounds include:
    • Proceedings being opposed to natural justice: This means the judgment can be challenged if the proceedings in the foreign court were not conducted fairly, denying any party a chance to present their case.
    • Being obtained by fraud: If the foreign judgment was obtained through fraudulent means, it can be contested in India.
    • Competency of the Court pronouncing the judgment: The judgment can be challenged if the foreign court did not have the jurisdiction or authority to pronounce the judgment.

Additional Information

• Enforcement of foreign judgments in India:
  • For a foreign judgment to be enforceable in India, it must be conclusive as per Indian law.
  • Section 14 of the C.P.C. provides a presumption that the foreign judgment is pronounced by a court of competent jurisdiction unless proved otherwise.
  • However, if it is proved that the judgment falls under any of the grounds mentioned in Section 13, it will not be conclusive and hence not enforceable.
• Natural justice principle:
  • Natural justice is a legal philosophy used in some jurisdictions to ensure procedural fairness and to guard against arbitrary decision-making.
  • This principle includes the right to a fair hearing, the right to be heard, and the rule against bias.
• Fraudulent judgments:
  • A judgment obtained by fraud is considered void because the foundation of the judgment is based on deceit and dishonesty.
  • Courts in India take fraudulent judgments seriously to maintain the integrity and trust in the judicial system.

The correct answer is Option 3

Key Points Section 24 – General Power of Transfer and Withdrawal
Section 24 of the CPC empowers the High Court and the District Court to transfer or withdraw any suit, appeal, or proceeding at any stage, either on an application by a party (after giving notice and hearing) or suo motu (on its own motion). These courts may:

• Transfer a case pending before them to any competent subordinate court, or
• Withdraw a case from a subordinate court and either:
• Try or dispose of it themselves,
• Transfer it to another competent subordinate court, or
• Retransfer it to the original court.

Where a case has been transferred or withdrawn, the court to which it is assigned may either retry the matter or proceed from where it was left, subject to any directions in the order.

For the purposes of this section:

• Additional and Assistant Judges are deemed subordinate to the District Court, and
• Proceedings include execution proceedings.

Moreover, if a suit is transferred from a Court of Small Causes, the transferee court is deemed a Court of Small Causes for that particular matter. Importantly, a suit may also be transferred from a court even if it has no jurisdiction to try it.

The correct answer is in the Court of the lowest grade competent to try it.

Key Points

• Section 15 CPC, "Every suit shall be instituted in the Court of the lowest grade competent to try it."
• This section mandates that suits must be filed in the lowest possible court that has jurisdiction, not in higher courts, unless necessary.
• The purpose is to avoid overburdening higher courts and to ensure that cases are dealt with at the appropriate level.
• The determination of whether a court is competent depends on:
  • The pecuniary jurisdiction,
  • The territorial jurisdiction, and
  • The subject-matter jurisdiction.

The correct answer is All of the above

Key Points

• Jurisdiction of a Court:
  • Jurisdiction refers to the power or authority granted to a court to hear and decide cases. It is essential for ensuring that legal matters are addressed in the appropriate venue.
  • The jurisdiction of a court can be categorized based on several factors, including local limits, subject matter, and pecuniary value.
• Local Limits:
  • This pertains to the geographical area within which a court can exercise its authority. Different courts have jurisdiction over specific regions or territories.
• Subject Matter of Litigation:
  • This refers to the specific types of cases a court is authorized to hear. For example, certain courts may only handle civil cases, while others may deal with criminal cases or family law matters.
• Pecuniary Value:
  • This concerns the monetary value of the cases that a court can hear. Courts are often limited in their jurisdiction based on the financial stakes involved in the litigation.

Additional Information

• Incorrect Options:
  • Local Limits:
    • This is one aspect of jurisdiction but not the sole defining factor. It limits the geographical area of a court's authority.
  • Subject Matter of Litigation:
    • This is another important aspect but also not the only consideration. It defines the types of cases a court can hear.
  • Pecuniary Value:
    • This factor sets the financial threshold for cases a court can adjudicate but does not encompass the entire scope of jurisdiction.

The correct answer is option 4.Key Points

• Section 15 of C.P.C. 1908 deals with the general principle that every suit shall be instituted in the Court of the lowest grade competent to try it.
• Section 16 deals with suits to be instituted where subject-matter situate.
• Subject to the pecuniary or other limitations prescribed by any law, suits for:
  • The recovery of immovable property with or without rent or profits,
  • The partition of immovable property,
  • Foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
  • Determination of any other right to or interest in immovable property,
  • Compensation for wrong to immovable property,
  • Recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate.
• Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.

The correct answer is option 1.Key Points

• Section 13 of C.P.C.1908 deals with 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:
  • Where it has not been pronounced by a Court of competent jurisdiction,
  • Where it has not been given on the merits of the case,
  • 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,
  • Where the proceedings in which the judgment was obtained are opposed to natural justice,
  • Where it has been obtained by fraud,
  • Where it sustains a claim founded on a breach of any law in force in India.
• Section 14 of C.P.C.1908 says 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.

The correct answer is option 4.Key Points

• Section 11 of the CPC states that once an issue has been finally decided by a court, it cannot be made the subject matter of another suit. The Courts are barred from entertaining suits in which the matter directly and substantially at issue has already been finally decided by another court in a previous suit. 
• Explanation 5 of section 11 of Civil Procedure Code 1908 states 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.
• The 1976 Amendment Act expanded the scope of Section 11 and brought execution proceedings within the purview of this Act. The definition of res judicata provided under Section 11 is not exhaustive. 

Additional Information

• The doctrine of res-Judicata is based upon the following maxims: 
  • Nemo debet bis vexari pro una et eadem causa
  • Res judicata pro veritate accipitur
  • Interest republicae ut sit finis litium
• Section 11: 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 a 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 or the suit in which such issue has been subsequently raised.

The correct answer is option 3.Key Points

• Res Sub judice, a Latin maxim meaning “under judgment,” is a legal principle rooted in public policy.
• It prohibits a plaintiff from initiating two simultaneous claims on the same subject matter, thereby preventing the possibility of conflicting rulings from different courts. 
• Section 2(5) of CPC, a foreign Court means a Court situated outside India and not established or continued by the authority of the Central Government.
• Section 10 of C.P.C 1908 provides stay of suit.
• It says 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 have jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.
• Explanation of section 10 says 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.

The correct answer is option 3.Key Points In Duchess of Kingston's Case, (1776) 20 St Tr 355 its was held res Judicata dictates that a right or fact established by a competent Court in an earlier proceeding ought to be conclusive and binding upon the parties and those in privity with law or in estate.

The correct answer is option 4.Key Points

• Section 21 of Civil Procedure Code 1908 deals with Objections to jurisdiction.
• No objection as to the place of suing shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice.
• No objection as to the competence of a Court with reference to the pecuniary limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity, and, in all cases where issues are settled, at or before such settlement, and unless there has been a consequent failure of justice.
• No objection as to the competence of the executing Court with reference to the local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the executing Court at the earliest possible opportunity, and unless there has been a consequent failure of justice

The correct answer is option 4.

Key Points

•  CPC Section 20 says Other suits to be instituted where defendants reside or cause of action arises.
• Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction-
• (a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or
• (b) any of the defendants, where there are more than one, at the time of the commencement of the suit actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
• (c) the cause of action, wholly or in part, arises.
• [Explanation].-A corporation shall be deemed to carry on business at its sole or principal office in 3[India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.

The correct option is A matter already adjudicated.

Key Points

• As per Section 11 of CPC, 1908, “No Court shall try any Suit or issue in which the matter directly and substantially in issue in a former suit between the same parties and 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”.
• Meaning of res judicata
  • It is a Latin term in which Res means ‘thing’ and judicata means ‘judged’.
  • A matter decided (judged).
• Definition of res judicata
  • A matter which is already decided upon cannot be raised again in the court of law.

Additional Information

•  Section 11 of CPC Explanations
  • Explanation 1:- The expression ‘Former Suit’ Shall denote a Suit which has been decided before the suit in question whether or not it was instituted prior thereto.
  • Explanation 2:- The Competence of a Court shall be determined irrespective of any provisions as to the right of appeal from the decision of such court.
  • Explanation 3:- 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 4:- The matter which might and ought to have been made the ground of defence of attack in such a former suit shall be deemed to have been a matter directly and Substantial in such suit.(Constructive res judicata)
  • Explanation 5:- Any relief claimed in the plaint, which is not expressly granted by the decree, shall this Section, be deemed to have been refused.
  • Explanation 6:- Where a person litigates bonafide in respect of a public right or of a private right claimed in common for themselves or others all persons interested in such the right shall this section be deemed to claim under this person so ligating.
  • CASE:- Devi Lal Modi V. STO (1965)
    • The Supreme Court held that the principle of Constructive res judicata can also apply to the writ petition.
  • CASE:- Mohan Lal Goenka V. Binoy Krishna
    • The Apex Court held that the rule of res judicata applied to Execution.

The correct answer is option 2.

Key Points

• ​The award of pendente lite interest under Section 34 of the Code of Civil Procedure is a discretionary remedy.
• Under Section 34 of Code of Civil Procedure, 1908, a Court may grant pendente lite interest at a rate deemed by it reasonable.
• The interest on the principal sum adjudged is from the date of suit to the date of the decree. The interest rate should be at the discretion of the court and there is no upper limit to such kind of interest.

Additional Information

• The term pendente lite means “during the pendency of the suit” and the term pendente lite interest would refer to the interest owed to the borrower over the principal amount during the pendency of the suit.

The correct answer is Option 3

Key Points

•  Non-Compliance With Decree Of Restitution Of Conjugal Rights – Section 13(1A)(II): Restitution of conjugal rights means restoration of marital obligations. If there has not been any resumption of conjugal rights for one year after the passing of a decree under section 9 of the act, then either of the spouses may present a divorce petition.
• Section 9 deals with the Restitution of Conjugal Rights: The requirements of the provision of restitution of conjugal rights are the following:
  • The withdrawal by the respondent from the society of the petitioner.
  • The withdrawal is without any reasonable cause or excuse or lawful ground.
  • There should be no other legal ground for refusal of the relief.
  • The court should be satisfied about the truth of the statement made in the petition.

Additional Information

•  Enforcement of the Restitution Decree
  • The execution of decree is as per the Rule 32 of Order 21 of the Civil Procedure Code, 1908, whereby, if a respondent has failed to obey such a decree, the court may, in the execution of the same, attach the property of the respondent, and if the respondent fails to comply to the decree within a year then the court may even sell the property and award such compensation to the petitioner as it thinks fit.
  • Rule 33 provides another mode of execution in cases where the petitioner is wife and the respondent is husband. In such cases if the decree is not obeyed by the respondent within the specified time, he shall make such periodical payments to the petitioner as the court thinks fit.
• One of the important implications of section 9 is that it provides an opportunity to an aggrieved party to apply for maintenance under Section 25.
• In the case of Saroj Rani v. Sudharshan, the Supreme Court upheld the constitutional validity of Section 9 of Hindu Marriage Act, 1955.