Law: Civil Procedure Code (V of 1908)

Section: 11,O.VII,R.11

Law: Specific Relief Act, 1877

Section: 42

(a) Civil Procedure Code (V of 1908)--- ----S.11---Res judicata, principle of---Rationale and scope---Prime demand of the justice system was that every cause should be fairly tried only once and finally be concluded forever between the agitating parties---Final determination of the controversy between the individuals under the Constitution or the relevant statutes was one of the basic requirements for the stability of the society, which directly affected the life of any individual--- If there was no end of litigation regarding determination of the legal rights of an individual, it would shatter the basic norms of a judicial system, which would ultimately affect the whole society, causing anarchy and lawlessness. (b) Civil Procedure Code (V of 1908)--- ----S. 11---Res judicata, principle of---Scope---While determining the basic issue of disputes under the principle of res judicata, the courts must deal with issues with an iron hand to curb false litigation as well as to discourage the court birds. (c) Civil Procedure Code (V of 1908)--- ----S. 11---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Res judicata, principle of---Scope---Person who allegedly had been deprived of rights over a property from any of the party impleaded in the previous proceedings/suit could neither seek his independent right over such property nor he could hunt for a declaration of his entitlement to defeat the earlier verdict of the court, which otherwise had attained finality. (d) Civil Procedure Code (V of 1908)--- ---S. 11 & O.VII, R.11---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Res judicata, principle of---Scope---Closed and past transaction---Dispute between parties regarding size of area allotted in a plot ("subject property")---Plaintiff/appellant filed a declaratory suit against defendants in respect of subject property-Defendants had previously filed suits in respect of the same subject property which were decreed and issues pertaining to the entitlement of possession of the respective parties (including plaintiff) were determined---Such decree and verdicts had attained finality-Appellant by twisting the facts and circumstances in his…

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