Sec 11 CPC Flashcards
1
Q
Sec 11 CPC
A
Res Judicata
No court shall try any suit
Directly and substantially
Former suit same parties
In a court competent to try subsequent suit
Heard and finally decided
Decided prior not instituted prior
Matter alleged by one and denied by other
Applies to execution decree
Interest of state lies in limiting cases
There would be no finality
Sec 10 bars trial
Should not be vexed twice
Cause of action merges with the prior cause so no action here
Judicial decision must be accepted
Even passed in limine operates
Res cannot be decided as an preliminary issue
Even wrong decision having jurisdiction is valid for res
Even between two stages of the same suit
No application to interlocutory order
New rights conferred to parties then judicata will not apply
