Answer Writing Exercise (CPC-1) – Broad Guidelines for a Model Answer.

Juxtapose your answer and see if it meets these guidelines : 

  • Have you discussed and examined the following issues : 
    • Lay down the  Essential Test & Rationale of Section 10 of the CPC and examine:
      • Whether the ‘matter in issue’ in both the cases is the same or different ?;
      • Whether the absence of complete identity of parties in both the cases makes any difference to the final result ? (Note : Sister is a party in the previous suit, but not the present one);
      • Whether there is a difference in the ‘subject matter’ of both the suits and if yes, does it make any difference ? (Write this having regard to the fact as to which one is the more comprehensive suit);
      • Finally, decide and give reasons. Also briefly touch upon whether the final result serves the rationale behind the section, and if yes, how ?
    • Final conclusion.

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