Judicial Services Examination - Civil Judge (Junior Division) & PCS-J

Code of Civil Procedure, 1908 question bank (Civil Laws & Civil Procedure (CPC, Contract & Property))

Practice 604 free Judicial Services Examination - Civil Judge (Junior Division) & PCS-J Civil Laws & Civil Procedure (CPC, Contract & Property) - Code of Civil Procedure, 1908 questions with answers and step-by-step solutions.

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Q1.
In Judicial Services Examination (Civil Judge / PCS-J - Civil Laws & Civil Procedure (CPC, Contract & Property)): Under Section 11 of the Code of Civil Procedure (CPC 1908), what is the statutory doctrine of 'Constructive Res Judicata' (Explanation IV)?

(A)
Any matter which might and ought to have been made a ground of defense or attack in a former suit shall be deemed to have been a matter directly and substantially in issue
(B)
Res judicata applies only to interlocutory appeals within 30 days
(C)
A court can reopen a decided decree whenever fresh witness statements are sworn
(D)
Parties can contractually waive the bar of res judicata in civil commercial suits
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Q2.
In Judicial Services Examination (Civil Judge / PCS-J - Civil Laws & Civil Procedure (CPC, Contract & Property)): Under Section 32(1) of the Indian Evidence Act 1872 / BSA, when is a statement made by a person as to the cause of his death admissible as a 'Dying Declaration'?

(A)
Requires mandatory corroboration by direct eyewitnesses before court admission
(B)
Inadmissible in civil proceedings under all circumstances
(C)
Admissible only if recorded in the presence of two gazetted medical officers and a magistrate
(D)
Admissible even if the maker was not at the time of making it under the expectation of death (unlike English Law)
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