Showing Mcqs of Civil-Procedure-Code -- (286)

32. Resubjudice is the ____________ provision of CPC. 

A. Directory

B. Mandatory

C. Both A and B

D. None of these

33. Doctrine of Resjudicata is applied when the matter in issue has been already ______________.

A. Pending

B. Adjudicated

C. Both A and B

D. None of these

34. Where a Plaintiff is precluded by rules from institute further suit in respect of any particular cause of action, he ____________ to institute a suit in respect of such cause of action in any Court to which this Code applies 

A. Shall be allowed

B. Shall not be entitled

C. Shall be required

D. May not be allowed

35. If the suit is pending in a foreign court then doctrine of ____________ cannot be applied

A. Resubjudice

B. Res-judicata

C. Both A and B

D. None of these

36. Res-judicata is invoked where the matter in issue is _____________ 

A. On same subject matter

B. Already decided

C. Between same parties.

D. All of these

37. The pendency of suit in a foreign court amounts to ________________ on same cause of action in courts of Pakistan 

A. Preclude

B. Bar

C. Both A and B

D. No Bar

38. According to section 12(2) of CPC, validity of _______________ can be challenged on the ground of fraud.  

A. Judgment

B. Decree

C. Order

D. All of these

39. The validity of decree, order or judgment can be challenged on the plea of _______________. 

A. Fraud

B. Misrepresentation

C. Want of jurisdiction

D. All of these

40. As per Civil Procedure Code 1908, section 12(2), where a person challenges the validity of a judgment, decree or order, he shall seek his remedy by making an application to the court which passed the final judgment __________________. 

A. Plea of fraud

B. Misrepresentation

C. Want of jurisdiction

D. All are Correct

41. There are ______________ kinds of Res-judicata 

A. 3

B. 5

C. 2

D. 7