A alleging that he is the proprietor of a village sues B C and D for ejectment The defence is that A...........

Civil Procedure Code (CPC) 1908 Res Subjudice and Resjudicata

A, alleging that he is the proprietor of a village, sues B, C and D for ejectment. The defence is that A is not the proprietor and that part of the village belongs to B, C and D, and the rest to X, Y and Z. The court finds that A is not the proprietor, and A’s suit is dismissed. A then sues, X, Y and Z and also B, C and D for declaration that he is the proprietor of the village and for possession.

The question of A’s title to the village is res judicata so as to bar the suit against B, C and D, who were parties to the former suit, but it is not res judicata so as to bar the suit against X, Y and Z who were not parties to the former suit

It cannot be said that B, C and D litigated in the former suit in respect of a private right claimed in common for them and X, Y and Z. They set up only their own right to a part of the property and as to the rest they alleged that it belonged to X, Y and Z

Both (A) and (B)

None of these

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Explanation:

- Option 1: The principle of res judicata means that once a matter has been adjudicated by a competent court, it cannot be re-litigated between the same parties. In this context, A cannot sue B, C, and D again on the same claim because the issue of A’s proprietorship has already been decided. However, res judicata does not apply to X, Y, and Z since they were not parties to the original suit. This statement is true.

- Option 2: B, C, and D defended their ownership in specific parts of the village in their personal capacity. They did not litigate on behalf of or for the benefit of X, Y, and Z. Therefore, their defense did not cover the claims pertaining to X, Y, and Z. This statement is also true.

- Option 3: This option suggests both Option 1 and Option 2 are correct. Since both individually present correct interpretations, this combined option is indeed correct.

- Option 4: This option is invalid as the preceding options contain valid claims.

Option 3: Both (A) and (B) is the correct answer based on the analysis above.