hamburger menu
All Coursesall course arrow
adda247
reward-icon
adda247
    arrow
    arrow
    arrow
    A files a suit for declaration that he is entitled to certain land as the heir of C. The suit is dismissed. Subsequently, a suit is claimed on the bas
    Question

    A files a suit for declaration that he is entitled to certain land as the heir of C. The suit is dismissed. Subsequently, a suit is claimed on the basis of adverse possession. The subsequent suit is barred on the ground of -

    A.

    Constructive res-judicata

    B.

    Actual res-judicata

    C.

    Either (a) or (b)

    D.

    None of the above

    Correct option is A


    · The subsequent suit is barred on the ground of constructive res-judicata.
    · Res-judicata prevents the re-litigation of matters that have been or could have been raised in a previous suit.
    · Constructive res-judicata applies when a matter could have been raised in the earlier suit but was not, leading to its preclusion in future suits.
    Additional Information:
    · Res-judicata is explained in Section 11 of the Civil Procedure Code.
    · Actual res-judicata applies when a matter has already been directly decided by a competent court in a prior suit.

    test-prime-package

    Access ‘State Judiciary PCS J’ Mock Tests with

    • 60000+ Mocks and Previous Year Papers
    • Unlimited Re-Attempts
    • Personalised Report Card
    • 500% Refund on Final Selection
    • Largest Community
    students-icon
    354k+ students have already unlocked exclusive benefits with Test Prime!
    test-prime-package

    Access ‘State Judiciary PCS J’ Mock Tests with

    • 60000+ Mocks and Previous Year Papers
    • Unlimited Re-Attempts
    • Personalised Report Card
    • 500% Refund on Final Selection
    • Largest Community
    students-icon
    354k+ students have already unlocked exclusive benefits with Test Prime!
    Our Plans
    Monthsup-arrow