Question

    In Res judicata, “Former suit” is?

    A Suit which is decided prior to suit in question Correct Answer Incorrect Answer
    B Suit which is instituted prior to suit in question Correct Answer Incorrect Answer
    C Suit which has on evidence stage prior to suit in question Correct Answer Incorrect Answer
    D Any suit which is listed for final hearing earlier. Correct Answer Incorrect Answer

    Solution

    S.11. Res judicata.—No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court. Explanation I.—The expression “former suit” shall denote a suit which has been decided prior to a suit in question whether or not it was instituted prior thereto.

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