New Enroll in RBI Grade B New Batch - Starts on May 21

    Question

    When is a court barred from trying a suit or issue?

    A When the matter was directly and substantially in issue in a previous suit, between the same parties or their successors, and has been finally decided by a competent court Correct Answer Incorrect Answer
    B When the parties in a suit have previously litigated on a similar matter in a different jurisdiction, regardless of whether it was heard or decided Correct Answer Incorrect Answer
    C When the matter in issue involves multiple claims raised in separate courts, even if no final decision has been reached Correct Answer Incorrect Answer
    D When the previous suit was between different parties but involved a similar issue Correct Answer Incorrect Answer
    E When the matter in issue is still pending in a lower court for a decision Correct Answer Incorrect Answer

    Solution

    Explanation: Section 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.

    Practice Next