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A sues for possession of Math property as an heir of Mahant. The suit is dismissed on his failure to…

Section 11 CPC applies only where the parties litigated under the same title. A first sued as heir of the Mahant, and that suit failed only for want of a succession…

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A sues for possession of Math property as an heir of Mahant. The suit is dismissed on his failure to produce the succession certificate. 'A' files a subsequent suit as manager of the Math. Is the suit barred?

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Correct answer B

Section 11 CPC applies only where the parties litigated under the same title. A first sued as heir of the Mahant, and that suit failed only for want of a succession certificate; his later suit as manager of the Math is in a different capacity, so "The second suit will not be barred by res judicata". Res sub judice under section 10 does not arise because the first suit is no longer pending.

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