Question
In order for that a decision in a former suit may
operate as res judicata, the court which may decide that suit must have been? I. A civil court of competent jurisdiction II. A court of exclusive jurisdiction III. A court of concurrent jurisdiction ‘competent to try the subsequent suit’ IV A court of limited jurisdiction competent to try the issue raised in the subsequent suitSolution
For res judicata to apply under Section 11 CPC, the former suit must have been decided by a court competent to try the subsequent suit. This competence refers to jurisdiction over the subject matter and parties, not necessarily exclusive jurisdiction. Hence, either a civil court of competent jurisdiction (I) or a court of concurrent jurisdiction competent to try the subsequent suit (III) satisfies this requirement.
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