SECTION 11- RES JUDICATA- SECTION 12- BAR TO FURTHER SUIT

Section 11 bars filing of suit, under the certain condition specified  in the section, 

11. 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, 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.

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

Explanation II.—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.—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.—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.

Explanation V.—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.

Explanation VI.—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.—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.

Explanation VIII.—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.

·         The Basic principle of res judicata is that cause of action for the second suit being merged in the first suit, it does not survive any more. 

·         The principles underlying  Resjudicata is as follows,

v Interest Republican it sit finis litium – It is to the interest of the state that there should be an end of litigation.

v Nomo debet bis vexari pru una et eadem causa- No man ought to be vexed twice for the same cause.

v Res judicata Pro veritate accipiture- Judicial decision must be accepted as correct.

·         To give raise to a plea of res judicata, the following conditions must be proved:

a)     That the litigating parties must be the same;

b)     that the subject-matter of the suit also must be identical;

c)      That the matter must be finally decided between the parties; and

d)     that the suit must be decided by a court of competent jurisdiction.

·         Res Judicata is a mixed question of fact and law  (2002-2-SCC-Pg., 85)

12. Bar to further suit.—Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this Code applies.

Example :

a.   A plaintiff cannot bring a fresh suit in respect of the same cause of action, when a suit is wholly or partly dismissed.

b.   Bar created by Order 23 (4)

c.   suit barred by the principles of res judicata