Cpc Res judicata lecture 4

[@rinkysingh5162]

Nice lecture sir bahut accha samjhaya aapne thanku so much sir

[@darshchaudhary6662]

after reading the comments, many students have doubts regarding which decree will prevail in conflicting suits on the same subject matter.. what sir is trying to say is that in cases of res subjudice, where the former suit is already on trial and the plaintiff filed subsequent suit in another court, and no objection was raised by the defendant, then in that case whichever decree came in last will prevail over the other one and no matter if 1st decree came in favour of plaintiff and last one against the plaintiff, then also the last decree will prevail reason behind is that at the time of filing of a subsequent suit by the plaintiff, he himself slept over his right and never thought what if the subsequent suit will not come in his favour so he can't cry for a 2nd decision passed against him. In the cases of res judicata, where a decree already exists and a subsequent suit is filed by the plaintiff in another court, it is obvious that the 1st decree is not in his favour otherwise there is no point in filing another suit... now if the defendant is not objecting on the filing of a subsequent suit on the same subject matter even after getting a decision in his favour in the former suit, then in that case if the decision comes against the defendant, then he cannot take the defence that earlier decree was in his favour since he was sleeping over his right and as a result, 2nd decree will prevail over the 1st one. correct me sir if I am wrong.

[@harpreetsinghkahlon2827]

101% correct

[@adityanarayanxr8]

Whatever u wrote is right except the sentence " 2nd decree prevails over the first decree " u ought to have written first decree prevails over the second decree. This will happen in both the case in res sub judice and res judicata as well. Cuz I heard sir had said that only the first decree that is decree granted by the former court is valid and Decree granted by the subsequent court is null and void in the case of conflicting decisions. And since decree granted by the subsequent court is nullity then how come second decree can prevail over the other.

[@AdvocateJaspreetSingh]

@@harpreetsinghkahlon2827 sir answer aditya

[@ShubhamSingh-od2ds]

@@harpreetsinghkahlon2827 sir 1st decree will prevai not 2nd decree in case of conflicting suits?

[@Yash-kc5kx]

@@adityanarayanxr8 yes aditya correct sir plz answer this question confusion ho raha hai

[@bantydevi5765]

Shi kha hai kisi ne bhale kaam todha kr lo bt usko ache se krlo... Sir apki vdo bhale hi lambi ho bt uske baad kuj b smjne ko baki ni rh jata or ap problms b lete ho jo lene ki hoti hai ...... Sir u are very nice teacher is desh ko aise teachers ki jrurt hai or to baki crowd hi hai sir is duniya me..

[@harpreetsinghkahlon2827]

Thank you g for such a beautiful words

[@bantydevi5765]

@@harpreetsinghkahlon2827 sir u deserve it

[@AdityaMishra-kd6gr]

What a teaching style,Hats off to you sir.All things are deeply cleared.Thank you soo much.May Mahadev ji bless you and give more strength.

[@reyansh2995]

🎉sir seriously i never praise any teacher on youtube ... But youu are great Your teaching style is just amazing You go into very detail about topics which is very helpful for us sir Thankyou so much❤❤

[@bantydevi5765]

Sir hme kbi b kisi teacher ne title kya hota hai subject matters kya hota hai matter in issue kya hota hai kisi ne nhi smjaya 5 saalo me bs upr upr se pda ke chle jate hai or bache ko upr upr se smj aata hai agr koi usse todha b deep me puche to nhi pta hota or na bache ka concept clear hota hai..... Halki bache b aise hote hai jinko bs upr level se pdna hota hai bs time na lge aise bache jada milenge or sir ye bs bhidd hai bacho ki or kuj ni bt sir aise b bache hote hai jinko exactly me pdna hota hai exam crack krna hota hai tbi to itne sare bacho me se sirf ginne chunne bacho ka Selection hota hai.... Actual me hme shi teacher or shi guidence ki jrurt hai sir..... Sir u are very nice very nice

[@yogeshkumarpandya5112]

nice teaching sir👏👏👏👏

[@najeebrehman0088]

Thank you so much sir these are very informative videos❤❤❤

[@mritunjaykumarmisra2360]

Thank you x 100 Sir, Bs ap video continuous bnao

[@meenachandigarh94]

Sir mazaa a gya lecture sunkar thnk u sooo much sir❤️🙏

[@VikashKumar-yt4wj]

Really sir very helpful. Thanku so much sir. 😊

[@babaindulkar2983]

Sir u made cpc so intresting and easy to understand please make series for Constitution law also pls.

[@Knowledge__guru222]

Tussi great ho sir

[@Rakesh-in8zk]

Thanks sir ji 😊

[@vaishnavikaishav9832]

sir , overall you had tried to complete the res judicata but explanation 1, 3 , 4, 6 didnt explained if possible please made video on it..your lecture video best i really searching this kind of infomation thank you so much thank you from my bottom of my heart

[@harpreetsinghkahlon2827]

I have covered everything in bare act, plz check properly

[@samarmishra1025]

Sir section 11 exhaustive nahi hai par aapke padhaye hue saare subject Judiciary pre aur mains ke lie puri trh se exhaustive hai🙏🙏 Thankyou sir aapke ehsaan k lie hum students par🙏🙏

[@harpreetsinghkahlon2827]

All urs ryt

[@My_lyf99]

This lecture is too good 💯💯

[@rinkysingh5162]

Gud morning sir jiii

[@sheezahyousafzai8973]

You're just awesome Respected ! Thanks Alot.

[@jashowantnaik9944]

Well explained resjudicata ..thank u sir

[@PalviBakshi]

Thnku

[@ekramahmed4920]

Very good explanation👌🙏

[@legaleducation3316]

🙏

[@poojasrivastava6943]

Thank you for clearing the concept 😊

[@AnkitaSingh-ys1rx]

thank you sir ji

[@AdvocateJaspreetSingh]

siraa lg gya

[@kumargaurav1385]

Thank you sir 🙏🙏

[@Sahil-qy9kn]

Does res judicata apply to Fundamental Right I think yes.....what do u think sir???

[@PoojaGupta-nq3wj]

Thku so much sir 😊🙏🏻

[@sankalpsrivastava1690]

Aapke samne NLU ke professor fail hai ....kya samjhaya hai aapne ... Aapase padh ke laga ki CPC kitna interesting hai 🙏🙏🙏

[@bantydevi5765]

M agree with it bilkul shi kha aapne

[@200vaibhav1]

waiting for your lecture on cpc please continue

[@mr.laughter78]

Superb g super🥳🥳🥳🥳

[@azrajahangeer8306]

thanks a lot sir ji😊

[@bantydevi5765]

Acha krne valo ki numbering hmesha kam hoti hai hme ye yaad rkhna chaiye

[@chaitanyasharma688]

Sir, in the case of adverse possession, if A and B have a contract for the lease of a certain property for the period of 2 years and B is the lessee. If B continues to enjoy the property even after 2 years, lets say for 2 more years and isn't letting A have possession over his property, will A file a case for adverse possession or breach of contractual obligations? Is it necessary for adverse possession to be for a time period more than 12 years?

[@harpreetsinghkahlon2827]

If the contract is for 2 yrs, there after if B is in possession of property and enjoying the same up-to 12yrs openly without any interruption, then it's B's ryt to claim adverse possession.

[@chaitanyasharma688]

@@harpreetsinghkahlon2827 thank you sir

[@naveenkumaryadav2951]

Thank you so much sir 🙏 🙌❣️

[@ProPakistani-r4t]

Good lecture

[@T-J-detwailer]

sir is it possible in our former suit we can take two or three ground??

[@Lawficlegales]

At 11:30 when a person is filing in former suit toget property through succession how can he take the ground for adverse possession togather if he had not completed the prescribed time period of min 12 years over that property sir in such situation what will be the remedy available to him

[@lopamudrapani3058]

Thank you sir

[@prateekbajaj3846]

sir, if the judge himself has knowledge about the subsequent case filed, but the defendant is not taking the plea of res judicata, can the judge take suo moto action and dismiss the case on such basis of res judicata? thanks.

[@harpreetsinghkahlon2827]

If judge came to know about the earlier decision of competent court on the issue raised in suit pending before him, then court himself apply resjudicata. But u wrote subsequent case in that situation res-subjudice will apply

[@gunpreetkaur3060]

Thanku sir

[@samarmishra1025]

Sir aise muth wale case m 2nd suit file nahi hoga, Constructive Resjudicata apply hojaega udhr lekin udhr Resjudicata apply nahi hoga Am i right?

[@law.forall]

Hello sir, Thank you so much for providing such good lectures. I have a doubt, in the res sub judice lecture you said if there are conflicting decisions both will be valid as held in the case of Munnilal v Sarbjit while in this lecture you said if there are two conflicting decsion the later decision will be null and void. It will be very helpful if you can please clarify on this point.

[@nehhachadda412]

Sir in the example where a person first files a suit as an owner and claims declaration through succession. Suit being dismissed he files again as an adverse possessor. ..isn't he claiming ownership through adverse possession where ownership is the title in the second suit and matter in issue is adverse possession. Aren't the titles same in both the suits ?????

[@harpreetsinghkahlon2827]

Adverse possession and property claiming THROGH succession both are independent to each other, their title are similar although in both he claim property. U can think about the constructive resjudicata but still judgments are in favour of the plaintiff that in both cases title are not similar

[@nehhachadda412]

@@harpreetsinghkahlon2827 sir I am still a little confused, title is the capacity which you explained and matter in issue is the process by which someone derives the title. So claiming declaration is the relief which is seeking in the capacity of owner and the matter in issue would be succession. That he got the title via intestate succession. This is the former and in subsequent suit, he seeks the property through adverse possession, and adverse possession settles the title of ownership. So shouldn't the title in both the case be same because if it wasn't how can RJ apply. For RJ to apply shouldn't the titles be same in both the suit. Correct my understanding if I haven't grasped it properly.

[@deepshikhaverma2739]

Thank you Sirji🙏

[@muskaanverma8459]

Thank u sir 🙂🙏

[@investology8917]

Sir , aapne bola ki res sub judice agr koi 2 conflicting decree h too subsequent decree prevail kregi and res judicata m bola ki previous decree prevail kregi. Sir yee kuch contradictory statement nhi h??? Because sir agr decree pass hogyi h too dono situation same h air fir agr ek party s.10 ki plea lele aur dusri s.11 ki too court kya decide kregi??

[@harpreetsinghkahlon2827]

Dear, Res judicata plea has to be taken by the defendant in the second suit, if he donot taken that plea and suit is decided against defendant in whose favour the earlier decree was made. So second decree will prevail. As the defendant slept over his ryt.

[@investology8917]

@@harpreetsinghkahlon2827 thank's sir Yaani agr defendant plea leta h too 1st decree prevail kregi and if not then 2nd decree . Am i right sir???

[@simerjeetsingh9994]

Great job sir

[@VishalKumar-pi4jz]

Sir, matter decided in case of Lic vs automobiles 1991 that a person got favour decree from court A and against decree from court B it was decided former court is valid and subsequent suit void as resjudicata applies . But, in case of res sub judice u mentioned that 2nd judgement will prevail . Sir ,if it happens then what will be the relevancy of resjudicata ?

[@harpreetsinghkahlon2827]

The second option be prevail as later decided by court, it's the duty of defendant to claim resjudicata and of he sleeping over his ryt then he can't take the defense of earlier decision decided in his favour

[@VishalKumar-pi4jz]

Sir what happens to earlier decree if it is in execution process

[@VishalKumar-pi4jz]

@@harpreetsinghkahlon2827 sir in which case it happened ?

[@VishalKumar-pi4jz]

@@harpreetsinghkahlon2827 case name?

[@arpitmishra940]

What is exhaustive? and please explain Explanation 3 of section 11

[@harpreetsinghkahlon2827]

Exhaustive means complete in itself, explanation 3 said that in a suit the facts stated in a plaint must be either admitted by defendant or denied totally through written statement. As the rest judicata apply only where court applied his mind while resolving the issue between the parties.

[@arpitmehrotra4667]

Sir please explain between Res judicata and lis pendens with an illustration please

[@sakshipundir7379]

Sir u have told in previous video that if title of case are different in previous and subsequent case then res judicata will not apply ,but then explanation 4 ,arent they contradictory

[@sakshipundir7379]

Means constructive res judicata

[@harpreetsinghkahlon2827]

Constructive resjudicata I have discussed in detail and in the vedio u can get ur answer as well

[@shopsingh4247]

Thnkuu sir ji 🙏🙏

[@sourabhverma2561]

Constructive resjudicata = जो सोवत है वो खोवत है

[@harpreetsinghkahlon2827]

Well said

[@ajayshukla5629]

Sir waiver of RJ me agr subsequent court ne decision former court se phle de dia ho tb kon si court ka decision apply hoga?

[@harpreetsinghkahlon2827]

Jiska decision Pehle Ae GA wo dusre par apply hojae ga

[@ajayshukla5629]

@@harpreetsinghkahlon2827 ok sir and thank you.

[@aartibansal3881]

Sir rent control act m 20 years diya huah .....agr 20 years tk ap kisi b property ko enjoy kr rhe ho to vo apki he mani jaygi

[@harpreetsinghkahlon2827]

If it's given then u r in adverse possession

[@aartibansal3881]

@@harpreetsinghkahlon2827 ok sir

[@kushaldesai8305]

Hello Sir , can you please upload the lectures on Hindu succession Act, 1956 as there many doubts in this act so wants clear it now in theses days Sir, if it is possible then please upload the same. Thanks

[@harpreetsinghkahlon2827]

Plz check the playlist of my channel, I have already completed all the laws of Hindu

[@Yash-kc5kx]

Sir plz explaine 7no explanation of section 11.

[@kanyakumari.]

Koi ground party ke knowledge me hai ya nahi ye kaise prove karege??

[@harpreetsinghkahlon2827]

The fact was in the knowledge of the person be proved through other facts which justified that the facts was in his knowledge

[@lawcraze1021]

Sir g , in waiver of plea of resjudicata ...agar 2 conficting decree na hon dono mein same decision ho ..to jo pehly pass hogi wo prevail ho ge ?

[@harpreetsinghkahlon2827]

Yes

[@lawcraze1021]

@@harpreetsinghkahlon2827 Thankx sir g

[@legalcapsules2184]

in res subjudice if conflicting decree is passed then 2nd decree prevails because person slept over his right so how can he take the benfit??

[@legalcapsules2184]

@@harpreetsinghkahlon2827 sir how in this case is different from ur example which u give in res subjudice about conflicting decree

[@harpreetsinghkahlon2827]

2 ND prevail over the first decree as per the recent judgments

[@shirazkhan4156]

sir section 12 cpc plz hamain parha den

[@abhinavrathi5824]

Sir can u explain explaination 5 of section 11

[@harpreetsinghkahlon2827]

If plaintiff claimed 3 relief but court allow only 1 relief in his decree but silent regarding other 2 relief than as per explanation 5 other 2 relief are considered to be refused

[@abhinavrathi5824]

@@harpreetsinghkahlon2827 thanks a lot sir

[@MohitRajput-vz4sf]

Toooo many ads

[@harpreetsinghkahlon2827]

Subscribe the KZbin no ads option, thereafter u will not get any ads on ur KZbin channel

[@soumensikder3392]

Thank you so much sir... really beneficial for us ....

[@harshitanijhawan7874]

Sir u made cpc so intresting and easy to understand please make series for Constitution law also pls.

[@harpreetsinghkahlon2827]

Ji

[@saritatomar4449]

Thank you sir

[@advocatepankajriyar5756]

Thank u sir

[@karamsingh4279]

Thank u sir