The maxim ”Nemo Tenetur Se Ipsum Prodere” (no one is bound to incriminate themselves) is unrelated to the doctrine of res judicata, which prevents the same matter from being relitigated once it has been adjudicated.
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.
As per the Code of Civil Procedure, 1908, a decree \(\textit{ex parte}\) can be set aside against a defendant if:
I. summons was not duly served.
II. defendant was prevented by sufficient cause from appearing when suit was called on.
III. there was irregularity in summons though defendant had notice of hearing date.
IV. without notice being served on the opposite party.
Select the correct answer.