Q1Sample Question 1
Weightage: 20 Marks (Section C Long Answer)Repeated: 2025, 2024, 2023, 2022, 2021, 2019, 2018, 2017, 2016
Explain the Doctrine of Res Judicata (Section 11 CPC) with its essential conditions, Constructive Res Judicata (Explanation IV), and distinguish it from Res Sub-Judice (Section 10 CPC Stay of Suit).
Model Answer Blueprint (Extract):
- Meaning & Universal Legal Maxims (Nemo debet bis vexari, Interest reipublicae, Res judicata pro veritate)
- Statutory Formulation under Section 11 CPC & Bar on Jurisdiction
- Five Mandatory Essential Ingredients (Matter in issue, Same parties, Same title, Competent court, Final adjudication)
- Factual Scenario Illustration: A vs. B Title Suit & Subsequent Attempted Suit
- Constructive Res Judicata (Explanation IV) - Matters which might and ought to have been made ground of defense/attack
- Key Distinctions between Res Sub-Judice (Section 10) and Res Judicata (Section 11)
- Statutory Exceptions under Section 44 Indian Evidence Act (Fraud, Collusion, Lack of Jurisdiction)
- Landmark Precedents: Duchess of Kingston (1776), Daryao v. State of UP (AIR 1961 SC 1457), State of UP v. Nawab Hussain (AIR 1977 SC 1680)
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