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    Question

    Which principle has been discussed in the case of M.S.M Sharma Vs. Shri Krishna Sinha 1960.

    A Res judicata Correct Answer Incorrect Answer
    B Res sub judice Correct Answer Incorrect Answer
    C Stay of suit. Correct Answer Incorrect Answer
    D Jurisdiction of a civil court Correct Answer Incorrect Answer

    Solution

    M.S.M Sarma v. Sri Krishna Sinha AIR 1960 SC 1186   In this case court has discussed the principle underlying s.11 that is res judicata. The present section 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.

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