lsquo L rsquo sues lsquo T rsquo for rent for the year 2015 16 alleging that lsquo T rsquo was liab...........

Civil Procedure Code (CPC) 1908 Res Subjudice and Resjudicata

‘L’ sues ‘T’ for rent for the year 2015-16 alleging that ‘T’ was liable to pay it. ‘T’ applied for time to file the written statement, which was refused. The suit was decreed and the only issue raised by the court was regarding the amount of rent. Thereafter, ‘L’ files another suit against ‘T’ for the rent for the year 2017-18. ‘T’ contended that suit is barred by Res-Judicata. Find out the correct answer -

The matter was directly and substantially in issue in the previous suit.

The matter was not directly and substantially in issue in the previous suit.

The matter was directly and substantially in issue and, therefore, defence is barred by res-judicata.

The matter was not directly and substantially in issue and, therefore, defence is not barred by res-judicata.

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Explanation:

The question about T's liability was not alleged and decided in the previous suit and therefore, matter was not directly and substantially in issue in the previous suit. The defence was not barred by R.J.