In order for that a decision in a former suit may operate as res judicata the court which may decide...........

Civil Procedure Code (CPC) 1908 Res Subjudice and Resjudicata

In order for that a decision in a former suit may operate as res judicata, the court which may decide that suit must have been?

I. A civil court of competent jurisdiction

II. A court of exclusive jurisdiction

III. A court of concurrent jurisdiction ‘competent to try the subsequent suit’

IV A court of limited jurisdiction competent to try the issue raised in the subsequent suit

Either I or III

Either II or III

Either III or IV

All of these

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Explanation:

The Scope of Res Judicata has very well been decided in the case of Gulam Abbas v. State of U.P. where the code embodies the rules of conclusiveness as evidence or bars as a plea of an issue tried in an earlier suit founded on a plaint in which the matter is directly and substantially an issue becomes final. Section 11 does create any right or interest over the property but merely operates as a bar to try the issue ‘once again'. The Court is assumed and applied to all the judicial bodies working in India.