RESJUDICATA SECTION 11. CPC,1908

Resjudicata means — Res – A thing
Judicata- Already decided.

resjudicata

According to section 11—“No court shall try any suit or issue in which the subject matter and parties are the same and had already been tried by the court of competent jurisdiction.

PROVISIONS UNDER SECTION 11 CPC,1908.

The provisions of Section11 are not at all exhaustive even though it has very wide and enlarged amplitude.
•The section “does not affect the jurisdiction of the Court” but “operates as a par to the trail” of the suit or issue, if the matter in the suit was directly and substantially in issue (and finally decided) in the previous suit between the same parties litigating under the same title in a Court, then they are not competent that is, they become barred to try the subsequent suit in which such issue has been raised.
•Thus, this doctrine of ResJudicata is a fundamental concept based on public policy and private interest. It is conceived in the larger public interest, which requires that every litigation must come to end. It therefore, applies to civil suits, execution proceedings, arbitration proceedings, taxation matters, writ petitions, administrative orders, interim orders, criminal proceedings, etc.
•Section 11 contains the rule of conclusiveness of the judgement which is based partly on the maxim of Roman Jurisprudence “interest republicae ut sit finis litium (In interest of State there must be an end to the litigation );
•And partly on the maxim ‘ nemo debet lis vexari pro una et edem causa’ ( no man should be vexed twice over for the same cause). Section 300- Order 20(2) And Rule against Double Jeopardy.
•‘resjudicata proveritate occipiter’ ( A judicial decision must be accepted as correct and it is binding on all equivalent and lower courts.

civil law of resjudicata

CONCEPT OF RESJUDICATA

RESJUDICATA—If one suit is already decided another suit is brought that suit is Dismissed.
CONCEPT—After disposing a suit another same suit cannot be brought before the same court.
CONCEPT OF RESJUDICATA—When a suit or an issue was heard and finally decided by a competent court between the same parties if another suit is brought before the same court or any other competent court or where the issue or the issues are directly and substantially the same—the subsequent issue or the suit is barred on the principles of ResJudicata.
( On the ground that it was already decided).
COMPETENT COURT:- Conotes- Court which has the subject matter jurisdiction.
Even if there is no territorial jurisdiction but if the subject matter is competent it is equivalent.
Resjudicata applies for single suit or issue or whole of issues or for the entire suit or proceed with the other issues.
FORMER SUIT:- The suit that was decided on hearing it’s merits first irrespective of the fact whether it was decided prior to it or not.
CONDITION—The former suit must have been heard and finally decided can apply Resjudicata to subsequent suit.
EXAMPLE— ‘X’, ‘Y’, and Bros had an unregistered firm And ‘A’ purchased a goods of Rs. 10lakhs.

stop denial

Now Whether The Suit Is Maintainable Or Not?
1.It cannot file a Suit according to Indian Partnership Act,1932.
2.It’s not necessary in an Partnership firm whether it is a Registered firm or an Unregistered firm.
3.An Unregistered firm cannot file a suit on an outsider. But, an outsider can file a suit on an Unregistered firm.
Order 7- Rule 11- Reject of Plaint- one of the reasons.
Rule 11- Non-compliance of a mandatory provision of an Un registered firm.

HEARD AND FINALLY DECIDED—

The former suit—whether the suit is maintainable or not? Has been disposed on the Merits of case.
INGREDIENTS OF CONCEPT OF RESJUDICATA:-
1.There must be two suits—
a.Former suit ; and
b.Subsequent suit.
2.Technical defects of the former suit should be heard till decree.
3.The Suits are between the same parties.
4.Both courts are competent. ( The two suits are instituted in competent court).
5.The issues or issue are directly or substantially the same.
6.The subsequent suit is barred

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