50 Killer Trap Questions in Judicial Civil Viva

Posted on March 7, 2026 by Admin

CPC Traps (Most Common)

Can a decree exist without a judgment?
👉 No. Judgment must precede decree under Code of Civil Procedure, 1908.
Can a judgment exist without decree?
👉 Yes. Example: dismissal for default.
Can there be more than one preliminary decree?
👉 Yes. In partition suits.
Can a final decree be passed without preliminary decree?
👉 Yes in simple suits.
Is order rejecting plaint a decree?
👉 Yes. Deemed decree.
Is dismissal for default a decree?
👉 No.
Can execution court go behind decree?
👉 No, except when decree is nullity.
Can court grant relief not prayed for?
👉 Yes if facts justify.
Can injunction be granted without asking it?
👉 Generally No.
Can limitation be waived by parties?
👉 No. Court must consider limitation.

Can conviction be based solely on dying declaration?
👉 Yes if reliable under Indian Evidence Act, 1872.
Can hostile witness evidence be relied upon?
👉 Yes, partly.
Is confession to police admissible?
👉 No, except recovery part.
Can child be witness?
👉 Yes, if competent.
Is FIR substantive evidence?
👉 No.
Can secondary evidence be given without notice?
👉 Usually No.

Can oral gift of immovable property be valid?
👉 No under Transfer of Property Act, 1882 (except Muslim law).
Can mortgagee become owner automatically?
👉 No (clog on redemption).
Can right of redemption be extinguished by contract?
👉 No.
Can sale without possession be valid?
👉 Yes.
Can transfer to unborn person be valid?
👉 Yes, subject to conditions.

Can coparcenary exist with only one coparcener?
👉 Yes after death of others.
Can daughter become Karta?
👉 Yes after Vineeta Sharma v. Rakesh Sharma.
Can grandson claim share in grandfather’s self-acquired property?
👉 No.
Can ancestral property become self-acquired?
👉 Yes, after partition or certain situations.
Can self-acquired property become joint family property?
👉 Yes, by blending.
Can oral partition be valid?
👉 Yes.

Can court dismiss suit even if limitation not pleaded?
👉 Yes under Limitation Act, 1963.
Can limitation start without knowledge of right?
👉 Sometimes Yes.
Can limitation revive by acknowledgment?
👉 Yes.

Is specific performance a matter of right?
👉 No, it is discretionary under Specific Relief Act, 1963.
Can specific performance be granted for personal service contracts?
👉 No.

Can grandson challenge sale by grandfather?
👉 Only if ancestral property.
Can coparcener sell his share without partition?
👉 Yes, undivided share.
Can father sell entire ancestral property?
👉 Only for legal necessity.
Can family settlement be oral?
👉 Yes.
Can registration be avoided in family settlement?
👉 Sometimes Yes.

Can judge rely on common sense without law?
👉 No, but law interpreted with reason.
Can equity override statute?
👉 No.
Can judge grant relief beyond pleadings?
👉 Sometimes Yes.
What is the most important quality of a judge?
👉 Judicial discretion with fairness and legality.