Question

The doctrine of res judicata under Section 11 Code of Civil Procedure, 1908 applied to:

A Decision of a court without jurisdiction Correct Answer Incorrect Answer
B A writ of mandamus and of certiorari Correct Answer Incorrect Answer
C Consent/compromise decree Correct Answer Incorrect Answer
D A writ of habeas corpus Correct Answer Incorrect Answer

Solution

Section 11 CPC 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.

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