Which one of the following is not necessary for the applicability of the doctrine of res-judicata
Verified Answer
A. Former suit must be pending before a competent court
B. Former suit must have been heard and finally decided by a competent court
C. Parties in the former suit as well as the subsequent suit must be the same
D. Subject matter In the former and the subsequent suit must be the same
Explanation:
The doctrine of res judicata (Section 11 CPC) applies when a matter has been 'heard and finally decided' by a competent court. If a suit is merely pending, the doctrine of res sub judice (Section 10 CPC) applies, not res judicata.