OBJECTIVE QUESTIONS ON RESJUDICATA

1. The rule of constructive res judicata

a. is a product of judicial interpretation
b. rule of equity
c. contained expressly in the CPC
d. apart of the supreme court rules
2. The rule of res judicata is not applicable to the writ of
a. Habeas corpus
b. Mandamus
c. Certiorari
d. Quo warranto
3. The concept of Constructive res judicata is nothing else but a rule of estoppel. This
statement is
a. True
b. False
c. Partly
d. None of the above
4. Can the issue of res judicata be raised for the first time during the course of arguments?
a. Yes
b. No
c. Yes but with the leave of the court
d. None of the above
5. Which of the following explanation to Section 11 of CPC deals with constructive in issue
a. Explanation 2
b. Explanation 3
c. Explanation 4
d. Explanation 5
6. Which of the following does not operate as res judicata
a. A decree passed on compromise
b. When the plaint is returned
c. Decision beyond jurisdiction of court
d. All of the above.
7. The maxim ‘Nemo debet bis vexari pro uno et eadem causa’ is the basic principle
behind the rule of
a. Res judicata
b. Re subjudice
c. Jurisdiction
d. None of the above
8. A decision or finding given by a court or a tribunal without jurisdiction
a. Can operate as res judicata under certain circumstances only
b. Cannot operate as res judicata
c. Can operate as res judicata under all circumstances
d. None of the above
9. The fact which is not relevant to attract the principle of res judicata is
a. The reliefs prayed for in the two suits should be the same
b. The parties should be the same
c. The subject matter of the two suits should be identical
d. The decree in the former suit was passed by a court of competent jurisdiction
10. ‘A’ filed a suit against ‘B’ for recovery of possession on title. After trial, it was
dismissed. Subsequently, ‘A’ assigned the property to ‘C’ and then ‘C’ filed a suit against
‘B’ for the same relief. ‘B’ failed to plead and prove res judicata in the subsequent suit.
At the time of hearing, he raised the plea of res judicata to non- suit ‘C’. His contention is
–
a. Sustainable
b. Non sustainable
c. If ‘B’ pleaded, it would have been sustainable
d. If ‘B’ produced evidence, it would have been
11. ‘A’ filed a suit against ‘B’ for prohibitory injunction. In that suit the question of title also
arose for consideration and it was decided. A’s suit was dismissed after trial.
Subsequently, A filed a suit for recovery of possession on the strength of title.
Subsequent suit is
a. Not barred by res judicata as cause of action is different
b. Barred by res judicata
c. Not barred by res judicata, since nature of suits are
d. None of the above
12. A decree will not operate as res judicata
a. If former suit was not between the same parties or under whom they claim
title
b. If former suit was instituted subsequent to the second suit, through the decree was
passed in that suit earlier
c. If the decision was by a court not competent to decide the subsequent suit
d. If the former decree is not final as an appeal is pending
13. Which among the following is not an ingredient of resjudicata?[JSE2021]
a) Both the suits are between same parties.
b) First suit is tried and finally decided by the court
c) Former suit is decided by a Court Competent to try the subsequent suit.
d) The matter in issue is decided by a Court competent to try the subsequent
suit.
e) The matter in issue in the previous suit directly and substantially in issue in the
subsequent suit.
14. “Might and ought” principle relates to?
a) S.11 CPC.
b) S.10CPC.
c) S.47CPC.
d) S.151CPC.
15. Resjudicata is ….
a. Estoppal by judgement
b. Estoppal by conduct
c. Rule of evidence
d. Not a bar to a suit but a rule of equity
16. Which one among the following does not form the basis of doctrine of Res judicata?
a. No person shall be vexed twice for the same cause.
b. It is principle of conveniences for both sides.
c. In the interest of both sides, there should be an end to litigation
d. A judicial decision must be accepted as correct.
17. Res judicata is
i. A question of law
ii. A mixed question of fact and law which should be pleaded
 iii. A fact which need not be pleaded
iv. A matter which can be taken judicial notice of
[Resjudicata is a mixed question of law and fact and law. It has to pleaded specifically
and the party relying on the principle of resjudicata should place before the court all
material particulars which would be sufficient to give a finding whether the particular suit
is barred by resjudicata-Madhukar D Shinde V Tarabi Aba Shedage-AIR 2002 SC
637::2002KHC1797]
18. The Rule of Constructive Res Judicata is an ‘artificial form of res judicata’.
a. True
b. Partly true
c. False
d. None of the above
19. The legal plea of res judicata need not be pleaded.
a. True
b. Partly true
c. False
d. None of the above.
20. Res judicata is not applicable to a compromise decree
a. True
b. Partly true
c. False
d. None of the above.
21. Two suits were filed, wherein the plaintiff in one suit is the defendant in the other. Both
were tried together and disposed by a common judgment. The suit filed by one party was
dismissed and his contention as defendant in the other suit was also rejected. However, he
filed an appeal only against the decree in one suit. Whether maintainability of the appeal
can be challenged?
a.No. Appeal is maintainable
b.Yes. Appeal is barred by res judicata under S. 11 CPC.
c.Yes. Appeal is barred by estoppel
d.Appeal is barred under O. 11 R. 2 CPC [KJSE2017]
22. A claiming himself to be the owner of an extensive land, sued B, C, and D for recovery
of possession. The defendants claimed that they are the owners of one half of the property
 and that the remaining property belonged to X, Y, and Z. Court held that A is not the
owner and dismissed the suit. A then sued X, Y, Z and B, C, and D for declaration that he
is the owner of the property and for possession. In the above situation, which among the
following is correct?
a. Question of A’s title is resjudicata to bar suit against B, C and D, who were parties
to the earlier suit but is not Resjudicata, so as to bar suit against X,Y,Z, who were
not parties to the former suit.
b. Question of A’s title is resjudicata to bar suit against B, C, and D who were parties to the
earlier suit and against X,Y and Z on whose behalf B,C and D litigated.
c.The second suit is not hit by resjudicata, since the previous suit was one for recovery and
second one was for declaration of title and further that all the parties to the second suit
were not parties the first suit.
d. None of the above[KJSE2021]
23. Which of the following is not a maxim connected with the doctrine of Resjudicata
a. Nemo debet bis vexari, (si constat curiae quod sit) pro una et eadem causa
b. Interest reipublicae ut sit finis litium.
c. Pendent elite nihil innovetur
d. Ex-captio Res judicata
24. Plea of res judicata may in an appropriate case be determined as a preliminary issue
a. When the matter is directly and substantially in issue in two suits
b. When the prior suit is between the same parties or persons claiming under them
c. When neither a disputed question of fact nor a mixed question of law or fact
has to be adjudicated for resolving it.
d. Where parties were litigated under the same title
25. An adjudication of the plea of res judicata requires consideration of
a. the pleadings in the previous suit
b. the issues in the previous suit
c. the decision in the previous suit
d. All of the above
26. Which of the following statement is incorrect as regards resjudicata
a. The principle of is applicable for proceedings under Art 32 of Constitution of
India
b. The principle of is applicable for proceedings under Art 226 of Constitution of
India
 c. The principle of res judicata is applicable when orders of Criminal Courts
are pitted against proceedings in Civil Court.
d. The principle of is applicable to Labour Court Proceedings.
27. Section 11 C.P.C. would not come into play when
a. There is finding and adjudication on a matter directly and substantially in issue in
a former suit between the same parties or by any one litigating under them by a
competent court.
b. A suit is dismissed due to defect in the framing of the suit, defect in the
conduct of the suit, failure to address a defect or lack of territorial or pecuniary
jurisdiction
c. A matter which might or ought to have been made a ground of attack or defence
in a former suit deemed to be a matter directly and substantially in issue in such suit
d. All of the above
28. Which of the following is not correct as regards Sec 11 of CPC
a. Question relating to jurisdiction of a court can be deemed to have been
finally determined by an erroneous decision of the court.
b. A wrong decision of the former suit will operate as resjudicata
c. A decision of a court of limited jurisdiction would operate as resjudicata
d. A decision in a suit instituted subsequently to the suit in question would operate
as resjudicata
29. In respect of a suit for partition or redemption of mortgage, dismissal of an earlier suit as
not pressed or on technical grounds will not amount to res judicata for filing a subsequent
suit as there will be a recurring cause of action till the right to claim partition or redemption
is totally extinguished
a. True
b. False
c. Partially correct
d. Partially false.
30. Which of the following is correct as regards Sec 11 of CPC
a. Two suits were tried together and disposed by a common judgment. One suit was
dismissed. The other suit was decreed. Against the dismissal the plaintiff in the said
suit filed an appeal .No appeal is filed against the other decree. Maintainability of the
appeal can be challenged on the ground of resjudicata.
 b. The decree in the counter claim passed by the trial court which became final,
would operate as res judicata as against the appeal against the dismissal of the suit.
c. Whatever contentions not raised in a particular pleading for a relief in a former
suit shall always be taken as forgone and has been settled between the parties as if
such grounds has been raised in the former suit.
d. All of the above.

31. Suit for modification of a scheme already settled by Court for administration of a private
religious trust is not barred by res judicata under Explanation VI to S.11
a. True b. Partially true
b. False e. None of the above
32. It is necessary that the interest of the person concerned has really been represented by the
other persons who were made parties to the suit and the former's interest has been looked
after in a bona fide manner by the other for attracting
a. Sec 11 Explanation V of CPC
b. Sec 11 Explanation VI of CPC
c. Sec 11 Explanation VII of CPC
d. Sec 11 Explanation VIII of CPC
33. Earlier petition for arrest and detention in an Execution proceeding dismissed finding that
the JD has no means to pay the Decree debt. Fresh petition alleging that after disposal of
earlier Execution Petition, J.D. has acquired sufficient means to pay off decree debt
a. Is not barred by res judicata.
b. Is barred by Resjudicata.
c. Decree holder is estopped from filing fresh petition
d. None of the above.