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  • Practice Test 10 - Civil Procedure Code - January 2021

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    Nandini Shivhare
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    This practice test contains 4 questions related to the principle of res judicata in Civil Procedure Code. [1] It explains the differences between res judicata and stay of suit, and whether res judicata applies to execution proceedings. [2] It discusses whether the principle of res judicata would apply in a case where a party previously dismissed as not being the proprietor of a village tries suing other parties for declaration of proprietorship of the same village. [3] It asks what is res judicata and in what circumstances can it be applied. [4] It questions if a fresh suit can be filed if the court found the actual area of land to be more than what was mentioned in the

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    Practice Test 10_Civil Procedure Code - January 2021

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    This practice test contains 4 questions related to the principle of res judicata in Civil Procedure Code. [1] It explains the differences between res judicata and stay of suit, and whether res judicata applies to execution proceedings. [2] It discusses whether the principle of res judicata would apply in a case where a party previously dismissed as not being the proprietor of a village tries suing other parties for declaration of proprietorship of the same village. [3] It asks what is res judicata and in what circumstances can it be applied. [4] It questions if a fresh suit can be filed if the court found the actual area of land to be more than what was mentioned in the

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    © All Rights Reserved
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    3 views1 page

    Practice Test 10 - Civil Procedure Code - January 2021

    Uploaded by

    Nandini Shivhare
    This practice test contains 4 questions related to the principle of res judicata in Civil Procedure Code. [1] It explains the differences between res judicata and stay of suit, and whether res judicata applies to execution proceedings. [2] It discusses whether the principle of res judicata would apply in a case where a party previously dismissed as not being the proprietor of a village tries suing other parties for declaration of proprietorship of the same village. [3] It asks what is res judicata and in what circumstances can it be applied. [4] It questions if a fresh suit can be filed if the court found the actual area of land to be more than what was mentioned in the

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    January 2021

    Week Duration​: 29/01/2021 to 29/06/2021

    Practice Test 10: Civil Procedure Code

    Practice Test 4: 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:

    Explain the principle of 'res judicata'. How does it differ from 'Stay of suit'? Also state
    whether 'res judicata' applies to execution proceedings or not. (8 marks) ​(BJS 2014)

    Question 2:
    A alleges that he is the proprietor of a village and sues B, C and D for ejectment. The
    defence of B, C and D is that A is not the proprietor and the village belongs partly to B, ​C,
    D and partly to X, Y and Z. Court passes a decision that A is not the proprietor and A's
    suit is dismissed. A, in a subsequent suit, sues X, Y and Z and B, C, D for declaration
    that he is the proprietor of the village. Discuss whether res judicata applies vis-a-vis X, Y
    and Z and B, C and D. (8 Marks)

    Question 3:

    What is res judicata? In what circumstances can the principle be applied?. (8 Marks)
    (BJS 2018)

    Question 4:

    A sues B for rent and pleads that lesser rent is payable because the actual area of the
    land is lesser than what is mentioned in the lease deed. The Court however finds that the
    actual area is not less, but more than the lease deed. Can B go for a fresh suit on this
    issue? (8 marks)

    © Addictive Learning Technology Pvt. Ltd. Any unauthorized use, circulation or reproduction shall attract suitable action
    under applicable law.

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