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Section 11 of the Civil Procedure Code, 1908 embodies the doctrine of 'res judicata'. Which combination correctly identifies the five conditions for applying *res judicata*?
Answer & Solution
Correct answer: B.
1. Section 11 of the CPC embodies *res judicata*: 'no Court shall try any suit or issue in which the matter has been **directly and substantially in issue in a former suit** between the same parties, or between parties under whom they or any of them claim, **litigating under the same title** in a Court competent to try such subsequent suit'.
2. The ICSI text lists **five conditions** for *res judicata*:
3. (a) The matter must be directly and substantially in issue in two suits;
4. (b) The prior suit should be between the same parties or persons claiming under them;
5. (c) The parties should have litigated under the same title;
6. (d) The court which determined the earlier suit must be competent to try the later suit;
7. (e) The same question is directly and substantially in issue in the later suit.
_Source: ICSI CS Executive — Lesson 8, 'Conditions of res judicata', p. 182._
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