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Shyla (Student)     09 September 2008

What is Res Judicata?

Hi all the budding lawyers!

 

I  would like 2 know the meaning of Res Judicata?

 

With regards!

Shyla.



Learning

 9 Replies

Kanhaiya Singh (Advocate)     09 September 2008

Res judicata- No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and sustantially in issue in former suit between the same parties, or between parties under whom they or any of them claim, litigating the same title, in a court copetent to try such subsequent suit in which such issue has been sustantially raised, and has been heard and finally decided by such court.


                         The rule of res judicata enacted in section 11 of the CPC is based on the principle that a decision once rendered by a copetent court on a matter in issue between the parties after a full inquiry should not be permitted to be raised over again.

Mohit Attri (lawyer)     09 September 2008

for detail read cpc section 10-11

prof s c pratihar ( urologist &legal studies)     09 September 2008

RES SUBJUDICE AND RESJUDICATA      ------GENERAL---------------------------------------i intend to discuss two important doctrine i)Doctrine of ressubjudice----section10 andii)Doctrine of resjudicata---section-11.  ---section 10 deals with  stay of civil suits.it provides that no court shall proceed with the trialin any suit in which the matter in issueis also directly and substantelyin issue in previous instituted suit between the same parties  and that the court in which the previous suit is pendingis competent to grant the relief claimed.section 11 on the other hand relates to a matter already adjucated upon.it bars the trial of a suit or an issuein which the matter directly or substantiallyin issue has already beenadjudicated upon in a previous suit.pl note this is a difficult chapter for exm purpose.----drscpratihar                                                            

SHEKHAR MISHRA (public servant)     10 September 2008

res   judicata    means   things    adjudicated    previously   by    a    court    of    competent     jurisdiction.Go    through   sec    11   of    cpc.  Res    judicata   restricts     multiplicity     of    suits    and   unnecessary     litigation.

SIVACHANDRAN (Advocate)     10 September 2008

If the new case filed in and out of the same cause of action in which you have filed a case pending or decided the same before any court of law.

Shree. ( Advocate.)     10 September 2008

Latin, A thing adjudged.




 


      A rule that a final judgment on the merits by a court having jurisdiction is conclusive between the parties to a suit as to all matters that were litigated or that could have been litigated in that suit.


 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 October 2008

Hi Shyla,


Res Judicata means: When a matter - whether on a question of fact or a question of law - has been decided between two parties in one suit or proceeding by the competent court, and the decision is final, either because no appeal was taken to a higher court or because the appeal was dismissed, or no appeal lies, neither party will be allowed in a future suit or proceeding between the same parties to convass the matter again.

Pankaj Rai (Lawyer)     12 October 2008

Read section 11 of C.P.C. for resjudicata.

rajat. nlu (student)     24 June 2011

section 11 of c.p.c. clearly esplain that res-judicata means two conflicting decision on same issue between same parties - later decision would operate as res - judicat.. in a simple word it means that once the matter is finally decided by a competent court, no party can be permitted to re-open it in subsequent litigation. The principle underlines that no one shall be vexed twice for the same cause...


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