What are twin tests to identify whether an issue has been conclusively decided in the previous suit attracting bar of res judicata in the subsequent suit?

In view of the authorities cited above, the twin test that is used for the identification of whether an issue has been conclusively decided in the previous suit is:

 A. Whether the adjudication of the issue was 'necessary' for deciding on the principle issue ('the necessity test'); and

B. Whether the judgment in the suit is based upon the decision on that issue ('the essentiality test').{Para 40}

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 10946 of 2014

Decided On: 23.09.2021

The Jamia Masjid  Vs. K.V. Rudrappa (Since Dead) by L.Rs. and Ors.

Hon'ble Judges/Coram:

Dr. D.Y. Chandrachud, Vikram Nath and Hima Kohli, JJ.

Author: Dr. D.Y. Chandrachud, J.

Citation: MANU/SC/0691/2021.

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