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      Question

      Which of the following is not correct pre requisite

      condition for res judicata as under S.11 of CPC?
      A Matter is directly and substantially in issue in former suit Correct Answer Incorrect Answer
      B Same parties Correct Answer Incorrect Answer
      C Parties claiming under same parties Correct Answer Incorrect Answer
      D Parties claiming under same parties under different title Correct Answer Incorrect Answer
      E None of the above Correct Answer Incorrect Answer

      Solution

      CPC S.11. Res Judicata No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title , in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.

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