Multiple choice

Which of the following is not an essential condition for application of res judicata?

  1. Previous suit was finally heard and decided by the court of competent jurisdiction.

  2. Previous suit must be pending before a court.

  3. Parties in previous and the subsequent suit must be the same.

  4. Subject matter of previous and the subsequent suit must be the same.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Option (1) is incorrect: For the application of res judicata, previous suit should be finally heard and decided by the court of competent jurisdiction. Option (2) is correct: For the application of res judicata, previous suit should be heard and decided by the court. Option (3) is incorrect: Parties in the previous suit and subsequent suit must be same for the application of res judicata. Option (4) is incorrect: Subject matter of previous and the subsequent suit must be the same for the application of res judicata.

Keep practicing — related questions