A decree in a suit against certain members of a sect alleged to be wrongdoers in their individual ca...........

Professional Legal Knowledge Civil Procedure Code (CPC)

A decree in a suit against certain members of a sect alleged to be wrongdoers in their individual capacity cannot operate as res judicata in a subsequent suit against the other members of the sect. The wrong complained of in the former suit was that the defendants carried an idol in procession through certain streets and that such processions were in violation of plaintiff’s rights.

The suit was against the defendants in their individual capacity, and not as representing the sect to which they belonged

The suit was not as representing the sect to which the defendants belonged

Both (A) and (B)

None of these

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Explanation:

- The key issue in the scenario is whether the decree in a previous lawsuit can be used as res judicata against other members of a sect in a new lawsuit.

- Option 1: The suit was against the defendants in their individual capacity, not as representatives of the sect. This means the decree applies only to those individuals.

- Option 2: The suit was not on behalf of the sect, reinforcing that the decree does not impact other sect members.

- Option 3: Both statements (A) and (B) are true. The defendants were sued individually and not as representatives of the sect.

- Option 4: None of these - implies neither statements apply, which isn't correct based on the explanation.

Given these explanations, Option 3 is the correct answer.