Article written by Advocate Alpa Jogi on Section 11 of CPC : Res Judicata
The doctrine of Res Judicata has been defined in Section 11 of the Civil Procedure Code. The doctrine of the Res Judicata means the matter is already judged. It means that no court will have the power to try any fresh suit or issues which has been already settled in the former suit between the same parties. Also, the court will not try the suits and issue between those parties under whom the same parties are litigating under the same title and matter are already been judged and decided by the competent court. When the court finds any suits or issues which has been already decided by the court and there is no appeal pending before in any court, the court has the power to dispose of the case by granting a decree of Res Judicata.
Section 11 of CPC states that
No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
Essentials of Res Judicata under Section 11 CPC:
1. There must be two suits one former (previously decided) suit and the other subsequent suit.
2. Parties of the former and subsequent suit or the parties under whom they or any of them claim should be the same.
3. The subject matter of the subsequent suit should be identical or related to the Former suit either actually or constructively.
4. The case must be finally decided between the parties.
5. The former suit should be decided by the court of competent jurisdictions.
6. Parties in the former as well as in Subsequent suit must have litigated under the same title.
Note : Above information is in general form, issued with a motive to help. Author disowns any kind of liability.
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