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    Question

    The fundamental test to attract s 10 is whether on final decision being reached in the previous suit, such decision would operate as res judicata in the subsequent suit. This test was discussed in the case of:

    A MSM Sharma Vs. Krishna Sinha Correct Answer Incorrect Answer
    B National Institute of MH & NS v. C. Parameshwara Correct Answer Incorrect Answer
    C Pukhraj D. Jain v. G. Gopalkrishna Correct Answer Incorrect Answer
    D No such test is discussed for s.10 of CPC. Correct Answer Incorrect Answer

    Solution

    In the case of National Institute of MH & NS v. C. Parameshwara AIR 2005 SC 242 The fundamental test to attract s 10 is whether on final decision being reached in the previous suit, such decision would operate as res judicata in the subsequent suit. In the case of MSM Sharma Vs. Krishna Sinha AIR 1960 SC 1186-   Section 10 bars the trial of a suit or an issue in which the matter directly and substantially in issue has already been adjudicated upon in a previous suit. Moreover public policy requires that there should be an end of litigation. The question whether the decision is correct or erroneous has no bearing on the question whether it operates or does not operate as res judicata otherwise every decision would be impugned as erroneous and there would be no finality.   In the case of Pukhraj D. Jain v. G. Gopalkrishna AIR 2004 SC 3504- It was held by the Court that it is not for litigant to dictate to the Court as to how the proceedings should be conducted, it is for the court to decide what will be the best course to be adopted for expeditious disposal of the case.

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