A files a suit for declaration that he is entitled to certain land as the heir of C. The suit is dismissed. Subsequently suit is claimed on the basis of adverse possession; subsequent suit is barred on the ground of

A files a suit for declaration that he is entitled to certain land as the heir of C. The suit is dismissed. Subsequently suit is claimed on the basis of adverse possession; subsequent suit is barred on the ground of Correct Answer Constructive res-judicata

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To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
The assignee of the holder of a life estate sued for declaration of title and injunction, immediately after the death of the life estate-holder. The suit for declaration of title was decreed, but the suit for injection was dismissed after holding that the possession was with the defendants only. Subsequently, the assignee of the life estate filed a suit for possession on the strength of the title. The bar of O. 2, r 2 was raised by the defendant.
A' files a Suit for Mandatory Injunction against illegal disconnection of electricity. 'A' also suffers loss in the business on account of non supply of electricity. The suit for Mandatory Injunction is dismissed. 'A' thereafter files suit for damages for suffering loss. The subsequent Suit is barred
A', an Indian citizen, enters into a contract with 'B', a US citizen based in the USA. Certain disputes arise under the contract, and 'B' files a suit in the matter in the civil court of New York. 'A' files a counter claim in the said suit. Subsequently, 'A' files a suit in the same matter in the jurisdictional Civil Court in New Delhi. Is the latter court barred from trying the suit?
Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively, be passed by the court of previous instance. Which section of Code of Civil Procedure decides the fate of the subsequently filed suit and its proceeding?
Choose the correct answer
(1) A trustee may also be a beneficiary and can be the sole beneficiary
(2) A trustee may also be a beneficiary, but cannot be the sole beneficiary
(3) A donor may also constitute himself a trustee, and though remaining in possession, may transfer legal possession by declaring his possession as donee's.
(4) A donor may also constitute himself a trustee, and though remaining in possession, cannot transfer legal possession by declaring his possession as donee's.
Propositions are
1. Gift made during marz-ul-maut to a heir is valid without the consent of other heirs under Sunnite law
2. Gift made during marz-ul-maut to a heir is valid without the consent of other heirs under Ithna Ashari law
3. Gift made during marz-ul-maut to a heir is valid only with the consent of other heirs, under Sunnite law
4. Gift made during marz-ul-maut to a heir is valid only with the consent of other heirs under the Shia law.
Which amongst the following is correct
A suit is dismissed wrongly on the ground of being barred by limitation. The order of dismissal would operate as res judicata and bar a subsequent suit on the same cause of action.
A sues B to recover one of two properties left by C, on the ground that he and not B is his heir. Thereafter, he applies to amend his plaint for including the second property left out in the plaint as originally field. B opposes the application for amendment which is disallowed by the court. A suit by A against B to recover the second property as heir of C would be barred under rule 2:
X, an owner of house at Aligarh, left Aligarh in the year 1970 after appointing Y as its care taker to look after the house. Y starts living in the said house with the knowledge of X. X brings an action in the year 2005 against Y for delivery of possession of the house in question. Y takes the plea that (1) the suit is barred by time and (2) he has perfected the title by adverse possession. State whether-