šŸ“¢ Too many exams? Donā€™t know which one suits you best? Book Your Free Expert šŸ‘‰ call Now!

    āš” Month End Offer - Flat 52% Off On All Courses! Enroll Now āš”
    00:00:00 AM Left

    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?Ā  I. A civil court of competent jurisdiction II. A court of exclusive jurisdiction III. A court of concurrent jurisdiction ā€˜competent to try the subsequent suitā€™ 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.

    Practice Next
    More Civil and Criminal Laws Questions
    ask-question