Ans: There are certain cases where the doctrine of res sub judice is not applicable. These are as follows: When the claims in each suit are unique from one another. When there are both common and unique issues, then this rule does not apply. When there are different issues between the same parties. All of the issues from the earlier suit don’t have to be raised in the later litigation for Section 10 to be applicable.
Ans: As provided by the section in 148A clause 5, the caveat stays in force for a period of 90 days. If within these 90 days an application is filed, then the court as well as the applicant, has to give a notice to the caveator. However, if no caveat is filed within these 90 days, then no one has the duty to inform the caveator, i.e. if the application is filed after the expiration of such period the caveat stands null and void. If the caveator still wants to be informed then a fresh caveat needs to be lodged for the next 90 days.
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