Constructive res judicata
Vinayak Patil
(Querist) 03 May 2025
This query is : Resolved
If a plaintiff did not cross examined himself and not entered in witness box as witness and for giving evidence then constructive res judicata will apply to subsequent suit?
Dr. J C Vashista
(Expert) 04 May 2025
YES, it attracts res judicata.
The Concept is enshrined under Section 11 of Code of Civil Procedure, 1908 (CPC) whereas the concept of Constructive Res Judicata is provided by Section 11 Explanation IV of CPC.
Section 11 - Res judicata - No Court shall try 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.
