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    Question

    Which of the following is NOT an essential condition for

    the application of the doctrine of res judicata under Section 11 of CPC? 
    A The matter directly and substantially in issue must be the same in both suits Correct Answer Incorrect Answer
    B The former suit must have been between the same parties or parties under whom they claim Correct Answer Incorrect Answer
    C The parties must have litigated under the same title in both suits Correct Answer Incorrect Answer
    D The matter must have been heard and finally decided by a court of competent jurisdiction Correct Answer Incorrect Answer
    E The relief claimed in both suits must be identical Correct Answer Incorrect Answer

    Solution

    Section 11 of the CPC embodies the doctrine of res judicata, which prevents re-litigation of matters already decided. The essential conditions are: (1) the matter directly and substantially in issue must be the same, (2) the parties (or those under whom they claim) must be the same, (3) parties must litigate under the same title, and (4) the matter must have been heard and finally decided by a competent court.

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