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Given Below is a Statement of Legal Principle Followed by a Factual Situation. Apply the Principle to the Facts and Select the Most Appropriate Answer. Principle: a Second Suit Will Not Be Heard - Legal Reasoning

MCQ

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts and select the most appropriate answer.

Principle: A second suit will not be heard on the same facts between the same parties.

Nakshatra files a suit against Chandra for getting possession of a house on the ground that the property passed on to her through the will executed by Surya before his death. The suit gets dismissed as Nakshatra fails to produce the will. Nakshatra files another suit against Chandra to get the same house from the latter, on the ground that she was entitled to the house as being the nearest heir of Surya.

Options

  • Nakshatra will succeed as she is the nearest heir of Surya

  • Nakshatra will not succeed as the facts in both the cases are the same

  • Nakshatra will succeed as the facts in the two cases deal with different situations

  • Nakshatra will succeed as the grounds in the second case were not taken in the first one owing to the mistake of her advocate

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Solution

Nakshatra will not succeed as the facts in both the cases are the same

Explanation:
Since in both cases, facts are the same and a suit cannot be initiated again on the same fact, the option "Nakshatra will not succeed as the facts in both the cases are the same" is the correct answer.

Concept: Contract Law
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