Question

A previous Judgment is relevant to bar a second suit or a trial as per which rule of evidence?

A Res judicata Correct Answer Incorrect Answer
B S.40 Correct Answer Incorrect Answer
C Res sub judice and s.40 Correct Answer Incorrect Answer
D Res Sub judice Correct Answer Incorrect Answer

Solution

S. 40. Previous judgments relevant to bar a second suit or trial. –– The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial.

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