January 2021

Week Duration​: 27/01/2021 to 27/06/2021

Practice Test 9: Civil Procedure Code

Practice Test 3: Civil Procedure Code- Level: Medium

- Attempting all questions is compulsory.

- Please see the Mains Answer-writing guidelines shared in email for greater details
on marking and submissions.

Question 1:

What is the doctrine of "Res sub judice" as provided in section 10 of the Civil Procedure
Code? When can this doctrine be applied? Elucidate. (8 marks) ​(MPCJ 2014)

Question 2:

A, the tenant files a suit for permanent injunction against ‘B’, the landlord, praying that he
should not be dispossessed except by due process of law, pleading that ‘B’ is planning to
forcibly dispossess him. During the pendency of the suit, B makes an attempt to forcibly
dispossess A. A files another suit for injunction. State whether a second suit on the
same/similar cause of action is maintainable? State also whether the second suit is hit by
Section 10, C.P.C. Decide, giving reasons. (8 Marks)

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Question 3:

X, a resident of Delhi, entered into a contract with Y, a resident of Shimla. All disputes
arising from the contract were agreed to the jurisdiction of the Shimla courts. X filed a ​suit
against Y in Delhi on cause of action that arose at Delhi, thereafter Y filed a suit at
Shimla on the same subject matter against X. X claims to a stay of suit in Shimla court
under Section 10 of the Code of Civil Procedure. Y objected on the ground that the
previous suit at Delhi Court is the violation of the agreement. Decide.. (8 Marks)

Question 4:

Explain the principle of res subjudice and its utility in civil adjudications. (8 Marks) ​(BJS
2017)

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applicable law.