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Directions: Read the following passage and answer the question.Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.Q. A sues B for the possession of property X based on a sale deed in his favour. B impugns the deed as fictitious. The plea is upheld and the suit is dismissed. A subsequent suit for property Y, on the basis of the same sale deed, is filed by A against B. Is the second suit maintainable?a)The second suit is barred by res judicata.b)The second suit is maintainable as the property in dispute is different.c)The second suit is barred by res sub judice.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared
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the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.Q. A sues B for the possession of property X based on a sale deed in his favour. B impugns the deed as fictitious. The plea is upheld and the suit is dismissed. A subsequent suit for property Y, on the basis of the same sale deed, is filed by A against B. Is the second suit maintainable?a)The second suit is barred by res judicata.b)The second suit is maintainable as the property in dispute is different.c)The second suit is barred by res sub judice.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam.
Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.Q. A sues B for the possession of property X based on a sale deed in his favour. B impugns the deed as fictitious. The plea is upheld and the suit is dismissed. A subsequent suit for property Y, on the basis of the same sale deed, is filed by A against B. Is the second suit maintainable?a)The second suit is barred by res judicata.b)The second suit is maintainable as the property in dispute is different.c)The second suit is barred by res sub judice.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.Q. A sues B for the possession of property X based on a sale deed in his favour. B impugns the deed as fictitious. The plea is upheld and the suit is dismissed. A subsequent suit for property Y, on the basis of the same sale deed, is filed by A against B. Is the second suit maintainable?a)The second suit is barred by res judicata.b)The second suit is maintainable as the property in dispute is different.c)The second suit is barred by res sub judice.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT.
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Here you can find the meaning of Directions: Read the following passage and answer the question.Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.Q. A sues B for the possession of property X based on a sale deed in his favour. B impugns the deed as fictitious. The plea is upheld and the suit is dismissed. A subsequent suit for property Y, on the basis of the same sale deed, is filed by A against B. Is the second suit maintainable?a)The second suit is barred by res judicata.b)The second suit is maintainable as the property in dispute is different.c)The second suit is barred by res sub judice.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Directions: Read the following passage and answer the question.Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.Q. A sues B for the possession of property X based on a sale deed in his favour. B impugns the deed as fictitious. The plea is upheld and the suit is dismissed. A subsequent suit for property Y, on the basis of the same sale deed, is filed by A against B. Is the second suit maintainable?a)The second suit is barred by res judicata.b)The second suit is maintainable as the property in dispute is different.c)The second suit is barred by res sub judice.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.Q. A sues B for the possession of property X based on a sale deed in his favour. B impugns the deed as fictitious. The plea is upheld and the suit is dismissed. A subsequent suit for property Y, on the basis of the same sale deed, is filed by A against B. Is the second suit maintainable?a)The second suit is barred by res judicata.b)The second suit is maintainable as the property in dispute is different.c)The second suit is barred by res sub judice.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.Q. A sues B for the possession of property X based on a sale deed in his favour. B impugns the deed as fictitious. The plea is upheld and the suit is dismissed. A subsequent suit for property Y, on the basis of the same sale deed, is filed by A against B. Is the second suit maintainable?a)The second suit is barred by res judicata.b)The second suit is maintainable as the property in dispute is different.c)The second suit is barred by res sub judice.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Directions: Read the following passage and answer the question.Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.Q. A sues B for the possession of property X based on a sale deed in his favour. B impugns the deed as fictitious. The plea is upheld and the suit is dismissed. A subsequent suit for property Y, on the basis of the same sale deed, is filed by A against B. Is the second suit maintainable?a)The second suit is barred by res judicata.b)The second suit is maintainable as the property in dispute is different.c)The second suit is barred by res sub judice.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.