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The application of res judicata is that matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by
Question

The application of res judicata is that matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. In which of the following cases, a matter will be said to have been finally decided?

A.

Decision in the former suit was on the merits.

B.

Former suit was disposed of ex parte.

C.

Former suit was dismissed for failure to produce evidence when time was allowed to do so.

D.

All these.

Correct option is A

Under Section 11 of the Code of Civil Procedure, 1908 (CPC), the principle of res judicata applies when a matter directly and substantially in issue has been heard and finally decided on merits in a previous suit.

  • Option (a) is correct because a decision on the merits constitutes a final decision for applying res judicata.
  • Option (b) is incorrect because an ex parte decision does not necessarily involve hearing and deciding the matter on its merits.
  • Option (c) is incorrect because dismissals for procedural lapses (e.g., failure to produce evidence) do not constitute decisions on the merits.

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