50 Killer Trap Questions in Judicial Civil Viva

CPC Traps (Most Common)

1. Can a decree exist without a judgment?
   👉 No. Judgment must precede decree under Code of Civil Procedure, 1908.

2. Can a judgment exist without decree?
   👉 Yes. Example: dismissal for default.

3. Can there be more than one preliminary decree?
   👉 Yes. In partition suits.

4. Can a final decree be passed without preliminary decree?
   👉 Yes in simple suits.

5. Is order rejecting plaint a decree?
   👉 Yes. Deemed decree.

6. Is dismissal for default a decree?
   👉 No.

7. Can execution court go behind decree?
   👉 No, except when decree is nullity.

8. Can court grant relief not prayed for?
   👉 Yes if facts justify.

9. Can injunction be granted without asking it?
   👉 Generally No.

10. Can limitation be waived by parties?
    👉 No. Court must consider limitation.

Evidence Act Traps

11. Can conviction be based solely on dying declaration?
    👉 Yes if reliable under Indian Evidence Act, 1872.

12. Can hostile witness evidence be relied upon?
    👉 Yes, partly.

13. Is confession to police admissible?
    👉 No, except recovery part.

14. Can child be witness?
    👉 Yes, if competent.

15. Is FIR substantive evidence?
    👉 No.

16. Can secondary evidence be given without notice?
    👉 Usually No.

Property Law Traps

17. Can oral gift of immovable property be valid?
    👉 No under Transfer of Property Act, 1882 (except Muslim law).

18. Can mortgagee become owner automatically?
    👉 No (clog on redemption).

19. Can right of redemption be extinguished by contract?
    👉 No.

20. Can sale without possession be valid?
    👉 Yes.

21. Can transfer to unborn person be valid?
    👉 Yes, subject to conditions.

Hindu Law Traps

22. Can coparcenary exist with only one coparcener?
    👉 Yes after death of others.

23. Can daughter become Karta?
    👉 Yes after Vineeta Sharma v. Rakesh Sharma.

24. Can grandson claim share in grandfather’s self-acquired property?
    👉 No.

25. Can ancestral property become self-acquired?
    👉 Yes, after partition or certain situations.

26. Can self-acquired property become joint family property?
    👉 Yes, by blending.

27. Can oral partition be valid?
    👉 Yes.

Limitation Act Traps

28. Can court dismiss suit even if limitation not pleaded?
    👉 Yes under Limitation Act, 1963.

29. Can limitation start without knowledge of right?
    👉 Sometimes Yes.

30. Can limitation revive by acknowledgment?
    👉 Yes.

Specific Relief Traps

31. Is specific performance a matter of right?
    👉 No, it is discretionary under Specific Relief Act, 1963.

32. Can specific performance be granted for personal service contracts?
    👉 No.

Practical Court Traps

33. Can plaint be amended after decree?
    👉 Yes, in appeal.

34. Can appeal lie against consent decree?
    👉 No, except fraud.

35. Can review lie against consent decree?
    👉 Yes, in limited cases.

36. Can revision lie if appeal exists?
    👉 No.

37. Can court frame additional issues later?
    👉 Yes.

38. Can suit be decided without issues?
    👉 No, generally.

Execution Traps

39. Can execution court interpret decree?
    👉 Yes, but cannot modify.

40. Can execution be filed before decree becomes final?
    👉 Yes.

41. Can property not in decree be attached?
    👉 No.

Very Dangerous Property Viva Traps

42. Can grandson challenge sale by grandfather?
    👉 Only if ancestral property.

43. Can coparcener sell his share without partition?
    👉 Yes, undivided share.

44. Can father sell entire ancestral property?
    👉 Only for legal necessity.

45. Can family settlement be oral?
    👉 Yes.

46. Can registration be avoided in family settlement?
    👉 Sometimes Yes.

Judge’s Psychological Traps

47. Can judge rely on common sense without law?
    👉 No, but law interpreted with reason.

48. Can equity override statute?
    👉 No.

49. Can judge grant relief beyond pleadings?
    👉 Sometimes Yes.

50. What is the most important quality of a judge?
    👉 Judicial discretion with fairness and legality.