Leading case law on Res judicata
In order to operate as res judicata, the finding must be such, that it disposes of a matter that is directly and substantially in issue in the former suit, and that the said issue must have been heard and finally decided by the court trying such suit. A matter which is collaterally or incidentally in issue for the purpose of deciding a matter which is directly in issue in the case, cannot be made the basis for a plea of res judicata. A question regarding title in a small cause suit, may be regarded as incidental only to the substantial issue in the suit, and therefore, when a finding as regards title to immovable property is rendered by a Small Causes Court, res judicata cannot be pleaded as a bar in the subsequent regular suit, for the determination or enforcement of any right or interest in the immovable property. (Vide: Dhulabai etc. v. State of M.P. & Anr., AIR 1969 SC 78; 1
Citation;(2013) 9 scc 438
Supreme Court of India
Ramji Gupta & Anr. vs Gopi Krishan Agrawal (D) & Ors. on 11 April, 2013
REPORTABLECitation;(2013) 9 scc 438
https://www.lawweb.in/2013/12/leading-case-law-on-res-judicata.html
