Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S.11---Res judicata, principle of---Applicability---Essential conditions required to be fulfilled to establish the plea of res judicata. The provisions of section 11, C.P.C. are clear and definite, therefore, subject to conditions contained therein, the Court in which the suit is filed, may proceed with it in certain specified circumstances and mere fact that an issue in the suit, directly or indirectly was connected with the dispute in the earlier litigation would not be sufficient to prevent the subsequent adjudication of such issue. The rule of res judicata is based on the consideration that same cause should not be tried for the second time between the same parties and there must be an end to the litigation between the parties. The principle is that since the cause of action in a suit merges in the , therefore, no second suit can be filed on the basis of same cause of action unless it is shown' that it was recurring in nature, thus, the essential condition required to be fulfilled to establish the plea of res judicata would be that the matter in issue and the material point in dispute between the parties in the earlier litigation was directly and substantially in issue in the subsequent litigation. If matter in issue in the subsequent litigation was not substantially decided in the earlier litigation, it would not be res judicata actually or constructively because for res judicata, it is essential to show that earlier decision in the matter was based on proper adjudication on the relevant issue either of law or fact or mixed issue of law and fact. The decision on an issue of fact based on evidence and decision on issue of law on the basis of set of facts, directly and substantially by a competent Court, is certainly res judicata and the verdict given by the superior Courts in Constitutional jurisdiction, on a point of law or on a question of fact based on proved facts and admissible evidence would operate as res judicata inter se parties but decision on a disputed question of fact in Constitutional jurisdiction, without any evidence would not operate as res judicata to the adjudication of such question of fact in…

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