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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 above
Correct answer is option 'A'. Can you explain this answer?
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Directions: Read the following passage and answer the question.Sectio...
The second suit on the basis of same sale deed is barred by res judicata as issue about the fictitious nature of sale deed was actually in issue in the former suit directly and substantially. It is clearly mentioned in the passage that for the application of 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 the parties under whom they or any of them claims. Since these conditions are fulfilled, the second suit is barred due to the application of the principle of res judicata.
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Directions: Read the following passage and answer the question.Sectio...
Understanding the Concept of Res Judicata
The principle of res judicata prevents the same parties from litigating the same issue after it has been conclusively settled by a competent court. In the scenario provided, A’s initial suit against B concerning property X was dismissed based on the sale deed being deemed fictitious.
Key Points about Res Judicata:
- Final Decision: The first suit concluded with a final judgment that the sale deed was not valid.
- Same Parties: The subsequent suit involves the same parties (A and B).
- Same Matter in Issue: The core issue revolves around the validity of the sale deed. Although the property Y is different, the reliance on the same sale deed as the basis for the claim creates a direct link to the earlier litigation.
Application to the Scenario:
- Directly Related Issues: The second suit cannot proceed because it relies on the same sale deed that has already been declared fictitious. As per res judicata, once a matter has been finally decided, it cannot be revisited.
- Legal Implications: Since the foundation of A’s claim in both suits is the same sale deed, the second suit is barred under the doctrine of res judicata, maintaining judicial efficiency and finality in legal proceedings.
Conclusion:
Thus, the correct answer is that the second suit is barred by res judicata. A cannot maintain a second suit against B regarding property Y based on the same sale deed that was already adjudicated in the first suit.
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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.[Extracted with edits and revision from article of Doctrine of res sub-judice by lawtimesjournal]Q. After A sues B to acquire possession of property X with a sale deed in his favor, and B successfully argues that the deed is fictitious resulting in the suit being dismissed, can A file another suit against B for property Y using the same sale deed as a basis?

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. Zia sues for the possession of property as an heir of Mohan. The suit is dismissed on his failure to produce the succession certificate. Zia files subsequent suit as manager of the prprepty. Is the suit barred?

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. Amar was an agent of Samar, who lived in Kanpur. Amar agreed to sell Samar's goods in Bhatinda. Amar filed a suit for balance of the unpaid payment in Bhatinda. Samar sues Amar for accounts and his negligence in Kanpur; while the case is pending in Bhatinda. Decide.

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. Ajay sues Bhavuk for rent. Bhavuk contends that Chandan is the landlord not Ajay. Ajay fails to prove his title and the suit is dismissed. Ajay then sues Bhavuk and Chandan for a declaration of his title to the property. Whether the suit is barred?

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.[Extracted with edits and revision from article of Doctrine of res sub-judice by lawtimesjournal]Q. Ajay initiates a lawsuit against Bhavuk seeking rent payment. Bhavuk argues that Chandan, not Ajay, is the landlord. Ajay fails to establish his ownership, leading to the dismissal of the case. Subsequently, Ajay files a lawsuit against both Bhavuk and Chandan, aiming to secure a declaration of his property ownership. Is this second lawsuit permissible?

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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?
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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 according to 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. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
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.
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