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Under the explanation given to Section 21A CPC, the expression ‘former suit’ means—
A suit which has been decided prior to the decision in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was instituted prior to the suit in which the validity of such decree is questioned.
A former suit is a suit which has been decided first.
A suit which has been decided prior to the decision of the suit in which the validity of the decree is questioned and it must also be instituted prior to the suit in which the validity of such decree is questioned.
Either A or B or C.
Section 21, Explanation I CPC - The expression "former suit" shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto.
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