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Which of the following is/are exceptions to the rule of Res Judicata?
Question

Which of the following is/are exceptions to the rule of Res Judicata?

A.

When judgment is passed without jurisdiction.

B.

When matter involves a pure question of law.

C.

When judgment has been obtained by committing fraud on the Court.

D.

All these.

Correct option is D

The doctrine of Res Judicata, under Section 11 of the Civil Procedure Code (CPC), prevents a court from trying a matter that has already been adjudicated upon by a competent court. However, there are exceptions to this rule, including:

  1. Judgment Passed Without Jurisdiction:

    • If a judgment is passed by a court that lacks jurisdiction, the doctrine of Res Judicata does not apply. A decision made without jurisdiction is null and void and can be challenged.
  2. Matter Involving a Pure Question of Law:

    • The rule of Res Judicata does not bar cases involving pure questions of law that were not directly decided in the earlier proceedings.

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