Question

In a suit where the doctrine of res judicata applies

• A. The suit is liable to be dismissed
• B. The suit is liable to be stayed
• C. Both (a) and (b)
• D. None of the above

Hint:

Remember the key difference: Res Sub Judice (Section 10) -> Pending suit -> Stay of subsequent suit. Res Judicata (Section 11) -> Decided suit -> Dismissal of subsequent suit. 'Judicata' sounds like 'adjudicated' (decided). 'Sub Judice' means 'under judgment' (pending).

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks for the consequence in a subsequent suit when the doctrine of res judicata is applicable.

Step 2: Detailed Explanation:
The doctrines of res judicata and res sub judice are often confused.
- Res Sub Judice (Section 10 of CPC): This doctrine means "a matter which is pending judgment." It applies when a previous suit between the same parties on the same matter is already pending in a court. In this situation, the subsequent suit is stayed. The goal is to prevent two parallel proceedings and conflicting decisions.
- Res Judicata (Section 11 of CPC): This doctrine means "a matter that has been finally decided." It applies when a previous suit between the same parties on the same matter has already been heard and finally decided by a competent court. In this situation, the court is barred from trying the subsequent suit. The consequence is that the subsequent suit is dismissed. The goal is to give finality to litigation.
The question is about res judicata. Therefore, the suit is liable to be dismissed.

Step 3: Final Answer:
When the doctrine of res judicata applies, the subsequent suit is liable to be dismissed.