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 suit
    A Either I or III Correct Answer Incorrect Answer
    B Either II or III Correct Answer Incorrect Answer
    C Either III or IV Correct Answer Incorrect Answer
    D All of these Correct Answer Incorrect Answer
    E None of these Correct Answer Incorrect Answer

    Solution

    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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