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

Civil Procedure Code (CPC) 1908 Judgment and Decree

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:

- In the given passage, the lawsuit was against individuals in their personal capacity, not representing the entire sect.

- Option 1: True. The suit was against the defendants individually, not as representatives of their sect.

- Option 2: True. It reiterates that the lawsuit wasn't on behalf of the sect.

- Option 3: This combines the reasoning of both Option 1 and Option 2, which both state the same idea: the individuals were sued in a personal capacity, not representing the sect.

- Option 4: Incorrect. It doesn't align with the information provided.

Given these explanations, Option 3: Both (A) and (B) is correct.