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.
- Lay down the Essential Test & Rationale of Section 10 of the CPC and examine: