Question

Given below is a statement of legal principle followed by factual situation. Apply the principle to the facts and select the most appropriate answer.

PRINCIPLE: A second suit will not be heard on the same facts between the same parties.

FACTS: Nakshatra files a suit against Chandra for getting possession of a house on the ground that the property passed on to her through the will executed by Surya before his death. The suit gets dismised as Nakshatra fails to produce the will. Nakshatra files another suit against Chandra to get the same house from the latter, on the ground that she was entitled to the house as being the nearest heir of Surya.

DECIDE

• A. Nakshatra will succeed as she is the nearest heir of Surya.
• B. Nakshatra will not succeed as the facts in both the cases are the same.
• C. Nakshatra will succeed as the facts in the two cases deal with different situations.
• D. Nakshatra will succeed as the grounds in the second case were not taken in the first one owing to the mistake of her advocate.

Answer 1

The correct option is B Nakshatra will not succeed as the facts in both the cases are the same.

Nakshatra won't succeed as the facts are same.

The above mentioned principle can be denoted as 'doctrine of res judicata'. Section 11 of Civil procedure code tells about this principle. This principle tells that when the same party with the same facts, that is, the second suit won't be hearable in the court.

Hence, B is the correct option.