To constitute a matter of res judicata which of the following conditions must concur I The matter di...........

Civil Procedure Code (CPC) 1908 Res Subjudice and Resjudicata

To constitute a matter of res judicata which of the following conditions must concur?

I. 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 (s. 11, explanation III) or constructively (s. 11, explanation IV) in the former suit

II. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of S. 11 must be read with this condition

III. The parties as aforesaid must have litigated under the same title in the former suit

IV. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of s. 11 is to be read with condition

V. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of s. 11 is to be read with this condition

I, II

III, IV

II, IV, V

All of these

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Explanation:

- I. The matter in the subsequent suit must be the same as in the former suit. It should be directly and substantially in issue, either actually or constructively.

- II. The former suit must involve the same parties, or their representatives, as in the subsequent suit. This requires that both parties or their successors are involved in both suits.

- III. In the former suit, the parties must have litigated under the same title. This condition ensures consistency in legal standing across both cases.

- IV. The court that decided the former suit must have been competent to try the subsequent suit. It ensures that the initial decision was made by a proper authority.

- V. The matter must have been heard and finally decided by the court in the first suit. This conclusiveness is critical to apply res judicata.

- Option 1: Only addresses parts of the necessary conditions.

- Option 2: Misses critical components necessary for res judicata.

- Option 3: Omits important conditions needed for res judicata.

- Option 4: Encompasses all necessary elements for res judicata to apply.