Under section 11 of CPC the expression quot former suit quot shall denote a suit ........

Civil Procedure Code (CPC) 1908 Res Subjudice and Resjudicata

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Under section 11 of 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.

which has been decided prior to the suit in question and where it was instituted prior thereto.

which has been decided prior to the suit in question but was not instituted prior thereto.

None of the above

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Explanation:

section 11 of the Code of Civil Procedure, Explanation 1 –
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.
Explanation I.—The expression “former suit” shall denote a suit which has been decided prior to a suit in question whether or not it was instituted prior thereto.