Section 11 and 12 of CPC | Res Judicata explained with case laws | CPC 1908 LECTURE 7,

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[@shakilakausar363]

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[@moazqadeer9398]

Simple definition of Res Judicata “Once decided is always decided”

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Finest video on res judicata

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[@advamitpandey3426]

Hello my if we saw the section 10 of CPC Section 10 of CPC deals with stay of suit means same matter will not adjudicated in various court how can in former suit firstly decided matter will be the former suit

[@komalgandhi01]

Section 10 talked about putting a stay on trail in subsequent case, whereas Section 11 says that case shall not be adjudicated which has already been adjudicated by a formal court. example- A and B had a dispute which is going on in Tees hazari court, and decided in the favour of A. Then B cannot file the same case again in rohini court... But Section 10 puts a bar on proceedings of case if the case is already going on. Hope that is clear? '

[@MuskanGupta-i8x]

Not clear yet....former suit means which decided first but when we can't apply another suit on same title then how?

[@sudattakhobragade9067]

Case 1- Maybe ma'am was mentioning the explanation given in Section 10 of CPC, wherein it is stated that "The pendency of a suit in a foreign Court does not preclude the Courts in 1 [India] from trying a suit founded on the same cause of action." So court A could have been a Court from England and Court B from India. Or, Case 2- The example can be altered, and instead of the 2012 case being put on hold (jiska maamla nahi aaya as per ma'am) let us suppose in 2015 our 2012 case was decided, now coming back to the 2014 waala case, it can be up on hold on until the suit which was instituted in 2012 has been decided which is in 2015 as per our example (because as per section 10 "Stay of suit" as its name suggests, our 2014 case was put on stay i.e. hold by res sub judice because 2012 case was instituted before 2014 case) and as soon as 2012 case gets decided in 2015, 2014 case is resumed from hold/stay, but due to the fact that both the 2012 case and 2014 case were exactly the same and the fact that the 2014 case was filed only and only because the 2012 case was not decided yet, as soon as the 2014 case is resumed due to the conclusion of case of 2012 in 2015, the case of 2014 which was put on hold would be resumed on 2015 too after conclusion of 2012 case in 2015 because the only reason it was on hold/stay was due to res Sub Judice and that same conclusion of the 2012 case would instantly make the 2014 case which resumed in 2015 Res Judicata as the 2012 matter got decided in 2015 had the exact same facts as the case in 2014. This was the most logical conclusion I could come to, any insights are much appreciated.

[@sudattakhobragade9067]

@@MuskanGupta-i8x ChatGPT said this:- Great observation! The filing of the same cases involving the same parties and issues could indeed invoke the doctrine of res sub judice under Section 10 of the CPC, rather than proceeding to res judicata under Section 11. Let’s clarify the distinction and how these doctrines operate in the context of the example. Distinction Between Res Sub Judice and Res Judicata Res Sub Judice (Section 10): This applies when two suits are pending at the same time between the same parties, involving the same matter in issue. The subsequent suit is stayed until the earlier suit is decided. The principle prevents parallel litigation and contradictory judgments. Res Judicata (Section 11): This applies when one suit has already been decided by a competent court, and the same matter is raised in a new suit. The subsequent suit is barred entirely, as the issue has already been decided. Applying This to the Example In the example of Case A (filed in 2015, decided in 2020) and Case B (filed in 2018, decided in 2019), the timeline and legal principles must be examined: At the Time of Filing Case B in 2018: Case A was already pending in court. Under Section 10, the court hearing Case B should have stayed it until Case A was resolved. However, Case B Was Decided in 2019: If the court ignored Section 10 and decided Case B anyway, its decision becomes the "former suit" for res judicata purposes, as per Explanation I of Section 11. Key Point: Ideally, Case B should not have been decided before Case A due to the operation of res sub judice. But once Case B is decided, the doctrine of res judicata applies to bar any re-litigation of the same issue in Case A or elsewhere. Conclusion Res sub judice prevents simultaneous adjudication of the same matter by staying the subsequent suit. If a court mistakenly allows parallel adjudication, and one case is decided first, the principle of res judicata comes into play to ensure that the decided case becomes binding. In the example, Case B should have been stayed under res sub judice. However, its earlier decision (though procedurally improper) creates a binding effect under res judicata once decided. This interplay ensures no conflicting judgments, even if procedural missteps occur.

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[@RaviBoddh]

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[@lawyerparijat]

Thank you so much.

[@rashmisingh5872]

Matter pe Jo decision Aaya h kya USKO appeal me uthaya jaa skta h kya? Please clear

[@RAMKARAN-wc2mt]

Kya res judicata stay suit par bhi lagu hota hai

[@rohtashkumar2488]

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[@anjumainjal8537]

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[@AbhishekDulgach-es4rl]

Mam appeal pe bhi lagta hai res judicata ?

[@daminiarya3114]

Former suit-mam agr 2020 mei same hi issue pe same parties hi suit fil kregi to sec 10 nhi apply ho jayega???????to former suit ka concept kaise hoga?????

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Explanation 1 ke case mein sec 10 Res Sub judice apply nhi hoga?

[@deepjyotinath1790]

Maam apne kaha ki agar ek suit 2012 mein file hua hai aur same Suit 2014 mein dubara kisi aur court mei file kiya gaya lekin 2014 wala pehle decide ho gaya to isme 2014 wala former suit mana jayga,Iska matlab 2012 wala pending tha to 2014 wale court ne proceedings age kaise badaya kyuki waha par to res sub judice apply hona chahiye tha suit to already pending hai Court mein? Kindly answer me

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Like. By Adv Dilip Pawar

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whether any changes in the interpretation of relevant provision of law permits the parties to re-agitate matters which have been decided by a court of competent jurisdiction?

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[@adityamahimajena9999]

there is a case of decree holder vs udgmentdeptor of kerala high court kindly explain that matter

[@shaguftakhan641]

Dear Madam as per the Constructive Res judicata if the matter which ought or should have been made but not raised and the matter is decided then it is assumed that the matter which was not raised has also been decided .So the question is how can the case be taken forward / pursued furthur I mean does it also disqualify for appeal in higher court or is it Res Judicata in same court but can be taken up / raised in Higher Court in appeal . Please guide Thanks in advance

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Ma’am agar section 10 bolta hai stay of suit then accordingly decision toh dusra court de nahi sakta because of stay in suit …section 11 explanation 1 m dusre court ne decision kese diya ??

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