Law: Civil Procedure Code (V of 1908)

Section: 23 , 11

  Cantonments Rent Restriction Act (XI of 1963)-- ----5. 23--Civil Procedure Code (V of 1908), S.11---Principles of res judicata contained in S.11, Civil Procedure Code, have not been totally engrafted into S.23, Cantonments Rent Restriction Act, 1963, in so much as the latter Act embodies only the principles of actual res judicata---Rational behind the principles of res judicata stated. Principles of res judicata contained in section 11 of the Code of Civil Procedure have not been totally engrafted into the Cantonments Rent Restriction Act, 1963. Section 23 of the Cantonments Rent Restriction At, 1963 on the plain reading is applicable to the findings in respect of which there has been express adjudication. It is not applicable to the findings on the basis of the constructive res judicata. It will be appropriate to examine distinction between the constructive res judicata and actual res judicata within the framework of section 11 of the Code of Civil Procedure. The doctrine of res judicata is built upon the consideration of public policy that there must be an end to the litigation and finality be given to adjudication at some stage. The principle of res judicata is founded on the rule of estoppel. If there is a final adjudication between the same parties, in respect of the matter directly and substantially in issue between the parties by the Court of competent jurisdiction, the parties are precluded to reopen the matter before the Court for second round of litigation. The principle of constructive res judicata embodied in Explanation IV to section 11 of the Code of Civil Procedure is intended to compel both the parties to the suit to raise, before the Court in support of their contentions, all grounds of attack and defence available to them and so get their whole case determined. It forbids piecemeal litigation and withholding of ground with the purpose of avoiding the principle of res judicata. It is based upon the principle of an existing cause of action and does not relate to recurring causes of actions. On the basis of this very principle, the principle of res judicata has been excluded in section 23 of the Act which only embodies the principle of…