X sells certain property to A At the time of sale the property was in the possession of B who claime...........

Civil Procedure Code (CPC) 1908 Attachment and Sale of property

X sells certain property to A. At the time of sale the property was in the possession of B who claimed it adversely to X. A sues B in the High Court of Calcutta to recover possession of the property it adversely to X. An issue is rebased in the suit, and it is an issue of law, namely, whether a person who is not in possession of property at the time of sale is competent to convey it. The issue is found in the negative and A’s suit is dismissed.

Afterwards, it is decided by a Full Bench of the same High Court in another case between different parties altogether that although a person may not be in possession of a property, he is competent to convey it. After the decision of the Full Bench, A again sues B to recover possession of the same property under the same deed of sale, and asks for a decision in his favour on the strength of the Full Bench ruling on the point of law which was decided against him in the former suit. Here, the cause of action in the subsequent suit is the same as that in the former suit.

The court is, therefore, precluded from re-trying the same question of law in the subsequent suit. In other words, the issue of law is res judicata

It is immaterial that the decision on the question of law in the first suit was erroneous

Both (A) and (B)

None of these

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Explanation:

- Option 1: This suggests that the court is barred from reopening the issue of law because it was already decided in the prior suit. This means the legal principle of res judicata applies here.

- Option 2: This means that even if the legal decision in the first suit was incorrect, it still cannot be retried in the subsequent suit due to the res judicata principle.

- Option 3: This combines both Option 1 and Option 2, suggesting that the issue is res judicata and the correctness of the first decision doesn’t change this. In the context of law, if a legal issue was decided earlier by a competent court, it should not be reopened regardless of whether the decision was right or wrong.

- Option 4: This states that none of the above options are correct, implying that the issue of law can be retried, which is not typically a correct interpretation in legal proceedings as per standard res judicata principles.

Your Correct Answer is Option 3: Both (A) and (B)