A court of limited jurisdiction was competent to decide an issue and finally decided it after hearing…
Under Explanation VIII to section 11 of the Code of Civil Procedure, 1908, a court of limited jurisdiction that was competent to hear and finally decide the issue can bind…
Choose your answer
A court of limited jurisdiction was competent to decide an issue and finally decided it after hearing the parties. All other conditions for res judicata are satisfied, but that court could not try the later suit. What is the effect of its decision on the issue?
Answer and explanation
Correct answer B
Under Explanation VIII to section 11 of the Code of Civil Procedure, 1908, a court of limited jurisdiction that was competent to hear and finally decide the issue can bind the parties on that issue even though it could not try the later suit.
Option feedback
Option A
Incorrect. Competence over the issue is sufficient when the other conditions are met.
Option B
Correct. Explanation VIII applies even though the earlier court could not try the later suit.
Option C
Incorrect. Explanation VIII concerns the previously determined issue and imposes no identity-of-relief requirement.
Option D
Incorrect. Competence to try the later suit is unnecessary under Explanation VIII.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Chhattisgarh Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision