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

Q: Answer-In order for that a decision in a former suit may operate as res judicata, the court which may decid...

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.