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MCQ Practice Test & Solutions: Daily Passage Test for CLAT - Sep 10 (5 Questions)

You can prepare effectively for CLAT Daily Passage Practice for CLAT with this dedicated MCQ Practice Test (available with solutions) on the important topic of "Daily Passage Test for CLAT - Sep 10". These 5 questions have been designed by the experts with the latest curriculum of CLAT 2026, to help you master the concept.

Test Highlights:

  • - Format: Multiple Choice Questions (MCQ)
  • - Duration: 10 minutes
  • - Number of Questions: 5

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Daily Passage Test for CLAT - Sep 10 - Question 1

Directions: Read the following passage and answer the question.

Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.
No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.
'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. 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 or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.
[Extracted with edits and revision from article of Doctrine of res sub-judice by lawtimesjournal]

Q. After A sues B to acquire possession of property X with a sale deed in his favor, and B successfully argues that the deed is fictitious resulting in the suit being dismissed, can A file another suit against B for property Y using the same sale deed as a basis?

Detailed Solution: Question 1

The second lawsuit based on the same sale deed is prohibited by the principle of res judicata because the issue concerning the fictitious nature of the sale deed was a central and significant matter in the previous lawsuit. The passage explicitly mentions that Section 11 requires specific conditions to be met for its application. In this context, the subject directly and substantially in question in the subsequent lawsuit must be identical to the matter that was directly and substantially in question, either explicitly or implicitly, in the previous lawsuit. Furthermore, the previous lawsuit must have involved the same parties or individuals claiming through them. Since all of these conditions have been satisfied, the second lawsuit is barred from proceeding due to the application of the res judicata principle.

Daily Passage Test for CLAT - Sep 10 - Question 2

Directions: Read the following passage and answer the question.

Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.
No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.
'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. 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 or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.
[Extracted with edits and revision from article of Doctrine of res sub-judice by lawtimesjournal]

Q. Aman, the tenant, initiates legal proceedings by filing a permanent injunction against Brij, the landlord. Aman seeks protection from being dispossessed without proper legal procedures, alleging that Brij intends to forcibly evict him. While the first lawsuit is ongoing, Brij makes an attempt to forcibly evict Aman. Subsequently, Aman files another lawsuit for an injunction.

Detailed Solution: Question 2

The application of the res sub-judice rule is warranted in this situation. This rule pertains to a subject currently under the scrutiny of a legal proceeding. In simpler terms, it is applicable when a matter is already being considered by a competent court for adjudication. Section 10 of the Civil Procedure Code (CPC) addresses the suspension of civil suits in such circumstances.

Daily Passage Test for CLAT - Sep 10 - Question 3

Directions: Read the following passage and answer the question.

Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.
No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.
'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. 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 or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.
[Extracted with edits and revision from article of Doctrine of res sub-judice by lawtimesjournal]

Q. Ajay initiates a lawsuit against Bhavuk seeking rent payment. Bhavuk argues that Chandan, not Ajay, is the landlord. Ajay fails to establish his ownership, leading to the dismissal of the case. Subsequently, Ajay files a lawsuit against both Bhavuk and Chandan, aiming to secure a declaration of his property ownership. Is this second lawsuit permissible?

Detailed Solution: Question 3

The second lawsuit is permissible because it involves different parties. According to Section 11, the previous lawsuit must have involved either the exact same parties or individuals claiming through them.

Daily Passage Test for CLAT - Sep 10 - Question 4

Directions: Read the following passage and answer the question.

Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.
No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.
'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. 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 or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.
[Extracted with edits and revision from article of Doctrine of res sub-judice by lawtimesjournal]

Q. In which situation does the doctrine of res sub-judice prevent a court from proceeding with the trial of a suit?

Detailed Solution: Question 4

The doctrine of res sub-judice, as explained in the passage, operates to prevent a court from proceeding with the trial of a suit when the matter in issue is already pending before a competent court for adjudication. In other words, if a legal dispute or issue is already under the consideration of a court, and that court has jurisdiction to grant the relief being sought, any other court should refrain from taking up the same matter until the pending case is resolved.

This doctrine aims to avoid conflicting judgments and ensures that the same issue is not simultaneously litigated in multiple courts, which could lead to inconsistent outcomes. The passage mentions that Section 10 of the Code of Civil Procedure (CPC) deals with the stay of civil suits and sets out the conditions under which a court should not proceed with a trial due to the principle of res sub-judice.

Therefore, the correct answer is option B) "When the matter in issue is already pending before a competent court for adjudication." This choice accurately reflects the purpose and application of the doctrine of res sub-judice as described in the passage.

Daily Passage Test for CLAT - Sep 10 - Question 5

Directions: Read the following passage and answer the question.

Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.
No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.
'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. 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 or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.
[Extracted with edits and revision from article of Doctrine of res sub-judice by lawtimesjournal]

Q. Amar, acting as an agent for Samar in Kanpur, initiated a lawsuit in Bhatinda to recover unpaid payments. In the meantime, Samar filed a lawsuit against Amar in Kanpur, alleging accounts and negligence. This situation is pending in Bhatinda. Decide.

Detailed Solution: Question 5

In this scenario, the Kanpur Court is prohibited from proceeding with the trial, and it can request the Bhatinda Court to issue an order to halt the proceedings in Kanpur. As a result, the second lawsuit will be subject to the doctrine of res sub-judice.

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