New SIDBI Grade A New Batch Starts on Nov 18

    Register

    Question

    Under what circumstances is a court precluded from trying a suit or issue as per CPC?

    A A court cannot try a suit or issue if the matter was directly and substantially in issue in a former suit between the same parties, or parties claiming under them, and was finally decided by a competent court Correct Answer Incorrect Answer
    B A court cannot try a suit or issue if it has been previously heard and decided by a different court, regardless of whether the parties are the same Correct Answer Incorrect Answer
    C A court may try a suit or issue even if it was previously decided, as long as the previous decision was made more than three years ago Correct Answer Incorrect Answer
    D A court is barred from trying a suit or issue only if the matter was previously decided by a higher court on appeal Correct Answer Incorrect Answer
    E A court may try a suit or issue even if it was previously decided, as long as the previous decision was made more than ten years ago Correct Answer Incorrect Answer

    Solution

    Section 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.

    Practice Next