Multiple choice

The expression ‘former suit’ in the context of rule of res judicata means a suit which has been

  1. instituted prior to the suit in question

  2. decided prior to the suit in question

  3. Both (1) and (2)

  4. Neither (1) nor (2)
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Under Section 10 CPC, the term 'former suit' specifically refers to a suit that has been instituted and decided prior to the suit in question. A suit that is merely instituted but not yet decided would fall under Section 11 (res judicata) once decided, or under sub judice if still pending. The key word is 'decided' - a former suit must have reached a conclusive determination.

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