All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

Practice Mode:
74.

Which of the following Section of Civil Procedure Code deals with the concept of Re Judicata?

A: Section 10
B: Section 11
C: Section 12
D: Section 13

The answer is: B

Explanation

The correct option is B: Section 11.

Section 11 of the Civil Procedure Code, 1908 deals with the concept of res judicata, which means a matter already judged. According to this section, no court shall try any suit or issue in which the matter directly and substantially in issue 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 or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court. This section is based on the principle that there should be an end to litigation and that the same matter should not be re-agitated again and again. Res judicata aims to prevent multiplicity of suits, avoid conflicting decisions, and uphold the dignity and authority of the courts.