Question 1

A sues B for a declaration of title to land and obtains a decree. A then sues C for possession. C contends that B is owner and that he is in possession as B's tenant.&#10;A)The defence is not barred&#10;B)The defence is barred&#10;C)Either (A) or (B)&#10;D)None of these

Accepted Answer

The defense is barred because the decree obtained by A against B in the first lawsuit for a declaration of title to the land binds not only B but also those claiming under B, such as C, who claims to be in possession as B's tenant.

Question 2

Section which deals with the transfer of decree in the Code of Civil Procedure?&#10;A)Section 43&#10;B)Section 33&#10;C)Section 39&#10;D)Section 62

Accepted Answer

Section 39 of the Code of Civil Procedure deals with the transfer of decree, allowing a decree to be executed by a court other than the one which passed it under certain conditions.

Question 3

The term &#34;Res judicata&#34; means&#10;A)Further proceeding&#10;B)A matter already adjudicated&#10;C)Stay of proceeding&#10;D)Bar the Proceedings

Accepted Answer

"Res judicata" is a legal principle meaning "a matter already adjudicated." It prevents the same dispute from being litigated again once it has been resolved.

Question 4

Where a person challenges a Decree, he shall challenges the same by filing&#10;A)Appeal&#10;B)Application&#10;C)Notice of Motion&#10;D)Chamber Summons

Accepted Answer

An appeal is the correct procedure for challenging a decree. It is a formal request to a higher court to review and change the decision of a lower court.

Question 5

Preliminary decree is one&#10;A)which determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not finally dispose of the suit&#10;B)which determines the rights of the parties with regard to some or one of the matters in controversy in the suit, which may have the effect of final disposal of the suit&#10;C)both (a) & (b)&#10;D)neither (a) nor (b).

Accepted Answer

A preliminary decree is one that determines the rights of the parties regarding some or all matters in controversy but does not fully dispose of the suit. It may, however, in some cases, lead to the final disposal of the suit if no further action is required.

Question 6

A ________ is said to take place when the High Court calls for the record of any case decided by a subordinate court and passes an appropriate order.&#10;A)reference&#10;B)review&#10;C)revision&#10;D)appeal

Accepted Answer

The answer of A ________ is said to take place...

Question 7

An inter pleader suit is one where the real dispute is between the____________only.&#10;A)plaintiffs&#10;B)defendants&#10;C)intervenors&#10;D)respondents

Accepted Answer

An interpleader suit is one where the real dispute is between the defendants only. It is a form of legal action that allows a plaintiff to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. This is typically used when the plaintiff holds property or money on behalf of others and does not claim any ownership interest in it, but there are conflicting claims over it by the defendants.

Question 8

Article ____ of the constitution enacts that the law declared by the supreme court shall be binding on all courts in India.&#10;A)140&#10;B)141&#10;C)142&#10;D)143

Accepted Answer

Article 141 of the Indian Constitution states that the law declared by the Supreme Court shall be binding on all courts within the territory of India.

Question 9

The jurisdiction of a court, refers to the power or the extent of the authority, of the court to administer justice, with reference to_______&#10;A)the local limits&#10;B)the subject matter of litigation&#10;C)the pecuniary value&#10;D)all of the above

Accepted Answer

The jurisdiction of a court encompasses its authority based on geographical boundaries (local limits), the nature of the cases it can hear (subject matter of litigation), and the financial value involved in the disputes (pecuniary value).

Question 10

Litigating parties, ______ upon court jurisdiction of the court, by mutual consent.&#10;A)cannot confer or cannot take away&#10;B)can confer or can take away&#10;C)cannot confer but can take away&#10;D)can confer but cannot take away

Accepted Answer

The answer of Litigating parties, ______ upon court jurisdiction of...

Deck 1: Civil Procedure Code and Limitation ACT