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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.

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