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Indian law as of 8 November 2026. A court of limited jurisdiction was competent to decide an issue and…

Explanation VIII to section 11 allows a final decision on an issue by a court competent to decide it to operate as res judicata, even when that court could not try the later…

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Indian law as of 8 November 2026.

A court of limited jurisdiction was competent to decide an issue and heard and finally decided it. That court could not try a later suit in which the same issue arises. Assuming the other requirements for res judicata are met, what is the effect of the earlier decision under the Code of Civil Procedure, 1908?

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Answer and explanation

Correct answer A

Explanation VIII to section 11 allows a final decision on an issue by a court competent to decide it to operate as res judicata, even when that court could not try the later suit. The other statutory requirements still apply.

Option feedback

Option A

Explanation VIII recognises res judicata on the issue when the earlier court was competent to decide it.

Option B

The earlier court’s inability to try the later suit does not prevent issue preclusion under Explanation VIII.

Option C

Explanation VIII does not require a separate confirmation by a higher court.

Option D

Explanation VIII does not require the parties’ consent.

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