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Criminal Procedure Code QUESTION #9478
Question 1
A plaintiff whose suit for declaration of title has been fully dismissed on merits files a second suit seeking possession of the same property against the same defendant, arguing that the cause of action in the second suit (possession) is different from that in the first (title). Is this second suit maintainable?
  • Yes; the cause of action is different since the reliefs claimed differ
  • Yes; res judicata only applies to identical suits
  • No; the matter of title being directly and substantially in issue in the first suit, which was heard and finally decided, operates as res judicata on the second suit✔️
  • No; the second suit is barred only if it is filed in the same Court
Correct Answer Explanation
Section 11 CPC and Explanation IV together provide that any matter which might and ought to have been made ground of attack in the former suit shall be deemed to have been directly and substantially in issue. Since possession depends on title, which was conclusively decided against the plaintiff, the second suit is barred by res judicata.