The question (15 marks)
Explain the doctrine of res judicata under section 11 of the Code of Civil Procedure 1908. State its ingredients, explain constructive res judicata, and consider whether the doctrine applies where the earlier proceeding was a writ petition and the later one a civil suit. (15 marks)
MU Module I, head 1.2
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Introduction of Civil Procedure Code 1908 and Limitation Act 1963.
Authorities you will need
- State of U.P. v Nawab Hussain
- Iftikhar Ahmed v Syed Meharban Ali
- Code of Civil Procedure 1908, s. 11 with Explanations I to VI
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.