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 difference in outcome: - Res Sub-judice (S.10): Sub-judice means 'under judicial consideration'. The second suit is Stayed. - Res Judicata (S.11): Judicata means 'judged/decided'. The second suit is Dismissed.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The doctrine of res judicata (meaning "a matter judged") is a fundamental principle of civil procedure that prevents the re-litigation of a matter that has already been finally decided by a competent court. This is distinct from the doctrine of res sub-judice.

Step 2: Detailed Explanation:
- Res Judicata (Section 11, CPC): This doctrine applies when a matter has been finally decided in a former suit. If a new suit is filed on the same matter between the same parties, Section 11 bars the court from trying such a suit. The consequence is that the subsequent suit is barred and must be dismissed.
- Res Sub-judice (Section 10, CPC): This doctrine applies when a matter is pending in a previously instituted suit. If a new suit is filed on the same matter between the same parties in another court, Section 10 bars the trial of the subsequent suit. The consequence is that the proceedings in the subsequent suit are stayed.
The question is about res judicata, for which the correct consequence is dismissal.

Step 3: Final Answer:
A suit barred by the doctrine of res judicata is liable to be dismissed.