Which one of the following is not essential condition for application of Res Judicata ........

Civil Procedure Code (CPC) 1908 Res Subjudice and Resjudicata

Download Solution PDF

Which one of the following is not essential condition for application of Res Judicata?

Previous suit was finally heard and decided by the Court of Competent Jurisdiction

Previous suit must be pending before a Court

Parties in previous and the subsequent suits must be the same

Subject matter of previous and the subsequent suits must be the same

छोटे Courses बड़े Results

Master Res Subjudice and Resjudicata

Prepare through Micro-courses

Try Now

Explanation:

Section 11 –
11. Res judicata.—No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.