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    Question

    If A filed a case against B before a civil court and

    immediately while the suit is pending, B filed case against A on the same issue, It is?
    A Res judicata Correct Answer Incorrect Answer
    B Res sub judice Correct Answer Incorrect Answer
    C both A and B Correct Answer Incorrect Answer
    D it is allowed Correct Answer Incorrect Answer
    E it is allowed subjected to affidavit by the parties that no suit is pending in any other court of law. Correct Answer Incorrect Answer

    Solution

    It is allowed as the parties are not litigating under the same title. The second suit is not attracted by Res sub  judice as the parties are interchanging their litigating titles in the second suit.

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