Law: Civil Procedure Code (V of 1908)

Section: O.XX,R.12,S.11,O.XLI,R.1

Law: Civil Procedure Code (V of 1908)

Section: O.XX,R.12,S.11,O.XLI,R.1

(a) Civil Procedure Code (V of 1908)--------S. 11---Res judicata, principle of---Interpreted. The principle of res judicata debars any Court from trying 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. In the said principle it has also been made clear that the issue subsequently raised should have been heard and finally decided by such Court between the same parties. The only point which requires consideration is whether the issue subsequently raised between the parties was the same and whether the same was heard and finally decided by the Court. The specific word used in the definition of the term "res judicata" is the word "and" and not "or", meaning thereby that the issue which was subsequently raised should also be heard and should also be finally decided by such Court. If any of such conditions is not fulfilled the principle of res judicata would not apply. Moreover, if the issue has been raised and has been heard and not finally decided even in such case principle of res judicata would not apply. (b) Civil Procedure Code (V of 1908)--- ----O. XX, R.12 & S.11---Suit for possession of immovable property and recovery of mesne profits and damages---Res judicata, principle of---Applicability---Contention of the plaintiffs was that the defendants were allowed to live in the suit property temporarily and a legal notice was served upon them to vacate the same and thereafter plaintiffs filed a suit for permanent injunction which was disposed of on the undertaking by the defendants that no construction/alterations etc would be made by them in the suit property---Suit was decreed concurrently---Validity---Defendants-petitioners had admitted that no addition/alteration would be made in the suit property without the consent of the plaintiffs-respondents which impliedly meant that the suit property…

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