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Assume the other requirements of res judicata are met. In which situation does an earlier judgment fail…

Res judicata can operate between co-defendants or co-plaintiffs when their conflict was necessary to decide and finally determined. The label pro forma defendant does not…

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Assume the other requirements of res judicata are met. In which situation does an earlier judgment fail to bind co-parties on an issue between them?

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Answer and explanation

Correct answer C

Res judicata can operate between co-defendants or co-plaintiffs when their conflict was necessary to decide and finally determined. The label pro forma defendant does not create a universal exemption; what was necessarily adjudicated controls.

See section 11 of the Code of Civil Procedure, 1908, and Mahboob Sahab v. Syed Ismail (1995).

Option feedback

Option A

A necessary final adjudication of the co-defendant conflict can bind them.

Option B

A necessary final adjudication of the co-plaintiff conflict can bind them.

Option C

Formal joinder alone supplies no necessary adjudication of an issue between those parties.

Option D

Direct, substantial and final adjudication can satisfy the requirement.

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