Question

PRINCIPLE: A second suit will not be heard on the same facts between the sane parties.
Nakshatra files a suit against Chandra for getting possession of a house on the ground that the property was passed on to her through the Will executed by Surya before his death. The suit gets dismissed as Nakstra 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.

• 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 situatons
• 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

Answer: (B)

Nakshatra will not succeed as the facts in both the cases are the same

The principle that a second suit cannot be heard on the same facts and between the same parties is called the doctrine of res judicata and is enshrined under Section 11 of Civil Procedure Code.

Since the second suit was between the same parties that is Nakstra and Chandra. And the facts in both the cases will be same, since the prayer in both the cases is with regard to the possession of the same house only the grounds are different.

Since, there are same facts and same parties. Therefore, the second suit cannot be heard.