Res judicata civil procedure code

Res judicata means a suit between the same parties in same matter in issue, or issue that has been adjudicated (decided) by a competent court.

And therefore may not be pursued further by the same parties to another court as subsequent suit in same issues.

Res judicata मतलब की subsequent suit अगर कोई parties लाती है, दूसरे कोर्ट में जो की suit, पहले से ही निर्णय हो चूका है । यंहा कोर्ट उस subsequent suit को नहीं सुनेगी क्योंकि उससे पहले एक suit समान विषय पर कोर्ट निर्णय दे चुकी।

Essential of Res judicata Section 11 civil procedure code

No court shall try any suit.
- Decided on the basis of fact, trial is barred.
- institution of suit is not barred, trial is barred.
  - According to section 40 of Indian Evidence Act previous judgement relevant fact.
  - preliminary issue framed by court.
Matter directly and substantially in issue(litigation)
- Explanation III of section 11 of civil procedure code.
  - Allegation ——Denial or acceptance or deemed to accept.
- Explanation IV of section 11 of civil procedure code.
  - Constructive Res judicata
    - Possibility must be raised.
- Explanation V of section 11 of civil procedure code.
  - Deemed to have been refused.
Explanation I of civil procedure code
- Former suit- decided.
Explanation VI
- Between same parties or between any of them claim litigating under same title.
Court is competent to try such subsequent suit.
Heard and finally decided.
- Decided on merit must have applied the judicial mind to decide the suit.

Section 11 if Civil procedure code, res judicata

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,
- (Only apply in direct or substantial issue
- Not apply in co- incidental or indirect issue.)
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.

Competency of Court in res judicata Section 11

Court जो पिछले suit को निर्धारित कर चुकी है, वह court, जो subsequent suit लाया गया है, यानि पिछली कोर्ट इस subsequent suit को सुन्नाने का क्षेत्र अधिकार रखती हो, competency of court है।

The requirement of section 11 is that the former court should be competent to try the subsequent suit had been filed in former court or the day when the former suit had been filed.
Example : Normally the valuation of property with the passage of time will rise and therefore by the time subsequent suit is filed, the valuation of property may go beyond pecuniary jurisdiction of former Court .
And therefore in such cases the former court will be found to be incompetent to try the subsequent suit.
This will anomally (not acceptable) in most of case res judicata will not apply.
- As per explanation VIII of section 11 will apply even, if the former court found incompetent to try the subsequent suit,
- provided such incompetency was because of limited jurisdiction of the former Court such limited competency can be either due to limited subject matter competency or due to Limited pecuniary jurisdiction Competency.

Suluchana amma v. Narayan nair 1994 SC and Rajesh kumar v. Kalyan(dead) through Legal representative

On the basis of above discussion it may be observed that the former court that civil judge junior division can not try the subsequent suit of value of 2 lakh because it is the court limited pecuniary competency and therefore it will fall under the explanation VIII and hence res judicata will apply.

Explanation VIII, section 11 of civil procedure code

Subsequent suit, pecuniary jurisdiction limited, former Court competency

An issue heard and finally decided by a court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been subsequently raised.

Explanation I Section 11 of civil procedure code

The expression “former suit” shall denote a suit which has been decided prior to a suit in question whether or not it was instituted prior thereto.

Section 11 explanation II of civil procedure code

For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.

Explanation III section 11 of civil procedure code

The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other.

Explanation IV section 11 of civil procedure code

Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.

State of Uttar pradesh v.s Nawab hussain

Doctrine of constructive res judicata

The Supreme Court emphasizing the doctrine of constructive res judicata.
It ruled that Nawab Hussain failed to raise the issue of termination by a subordinate authority in his initial writ petition.
The Court upheld the State of Uttar Pradesh’s stance and barred Hussain from relitigating the matter.
Thus, the necessity for litigants to present all their arguments or defenses related to the dispute during the initial proceedings,
To avoid the re-litigation of the same issues later on.

Explanation V section 11 of civil procedure

Any relief claimed in the plaint, which is not expressly granted by the decree, shall for the purposes of this section, be deemed to have been refused.

Section 11 explanation VI civil procedure

Where persons litigate bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the persons so litigating.

Explanation VII Res judicata

The provisions of this section shall apply to a proceeding for the execution of a decree and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a proceeding for the execution of the decree, question arising in such proceeding and a former proceeding for the execution of that decree.

Section 11 civil procedure explanation VIII, Res judicata

An issue heard and finally decided by a Court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been subsequently raised.