Code Of Civil Procedure MCQ question and answer | Law MCQ question

To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition

Code of Civil Procedure- The principal of Res Judicata can be invoked

Imprisonment in execution of a decree can be

A civil court cannot issue commission in the following case-

Sweeping change introduced by Civil Procedure Code (Amendment) Act, 2002 is with the object to

Which order of the Code of Civil Procedure provides detailed rules regarding 'judgment and decree':

A' deposits a box of jewels with 'B' as his agent. 'C' alleges that the jewels were wrongfully obtained by 'A' from him and claims them from 'B'. Here 'B'

A judgement contains-

The court has issued a commission for recording of evidence in a suit by appointing a Local Commissioner. The counsel for the plaintiff raises objections to certain questions put by the counsel for the defendant to the witnesses of the plaintiff in cross-examination. The Commissioner:

Where in a suit the defendant is absent from his residence and there is no likelihood of his being found at the residence within a reasonable time, service of the summons may be made on: