Question

As per Section 11 of the Code of Civil Procedure, 1908 for \(\textit{Res Judicata}\) to be applicable on a subsequent suit, the former suit must satisfy the following conditions:
I. has been finally decided. 
II. can only be instituted prior to the subsequent suit. 
III. relates to the same matter directly and substantially in issue in the subsequent suit. 
IV. is between the same parties, or between parties under whom they or any of them claim. 
Select the correct answer.

• A. I, II and III
• B. II, III and IV
• C. I, III and IV
• D. I, II, III and IV

Hint:

Res Judicata = Same matter + Same parties + Former suit finally decided.

Answer 1

The Correct Option is C

Step 1: Apply essentials of Res Judicata (Section 11 CPC).
A matter is barred when: it was finally decided, it concerns the same issue, and parties are the same or claiming under same title.
Step 2: Analyse each statement.
I – Correct: A former suit must be finally decided.
II – Incorrect: Law does NOT say the former suit “can only be instituted prior”; it only must be decided earlier.
III – Correct: Matter must be directly and substantially the same.
IV – Correct: Parties must be same or claiming under them.
Step 3: Conclusion.
Thus the correct combination is I, III and IV.