Code of Civil Procedure 1908
Principle of Res Judicata
Res judicata
Section 11:
Section 11. No Court shall try 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.Explanation I.- The expression "former suit" shall denote a Suit which has been decided prior to the suit in question whether or not it was instituted prior thereto.
Explanation II.- For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as $0 a right of appeal from the decision of such Court.
Explanation III.-The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly, or impliedly by the other.
Explanation 1V.-Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue -in such suit.
Explanation V.-Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused.
Explanation VI.-Where persons litigate bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the person so litigating.
Meaning of Res Judicata;
----`Res'---Meaning---Term `Res' signifies claim, thing, right and interest which is enforceable at law being issue as disputed point of fact or law.----Judicata---Meaning---Word `Judicata' means question of dispute already adjudicated upon by competent Court of law.
Civil Procedure Code (V of 1908)----Section 11---Res judicata---Meaning---Phrase `Res judicata' signifies the matter which has already been determined and adjudicated upon by Court of competent jurisdiction. 2009 M L D 1246
Explanation, Illustration and Relevant Cases:
Applicatbility Of Res Judicata;
Civil Procedure Code (V of 1908)—Section 11--Res judicata, principles of--Applicability of Section 11, C.P.C. is not restricted to suits but the principles of res judicata can be invoked in respect of proceedings to which it does not strictly apply. P L D 1987 535Civil Procedure Code (V of 1908) Sections 11 and 141: Principle of res judicata also applicable to proceedings other than suits. P L D 1989 78
Scope of Principle of Res Judicata:
Civil Procedure Code, 1908 (V of 1908) Section 11: Scope of Principle of resjudicata--Violation of--Dispute between civil servants--Litigations were not binding on them--Validity--Where persons litigate bonafide in respect of public right or of a private right claimed in common for themselves and others, all person interested in such right shall, for purpose of Section 11, CPC, be deemed to claim under persons so litigated. PLJ 2012 63Civil Procedure Code (V of 1908) Sections 10 and 11: principles of Res sub judice and res judicata, ---Scope and rationale behind Sections 10 and 11 C.P.C. seems to be based on the principle that multiplicity of litigation should be avoided and no one should be troubled twice for the same cause. 2006 S C M R 1262
Civil Procedure Code (V of 1908) Section 11: plea of Res judicata, ---Scope---Question of res judicata is mixed question of law and fact and cannot be allowed to be raised at belated stage. 2006 YLR 1662
Necessary Conditions for Applicability of principle Res Judicata:
In order to invoke the principles of res judicata, following conditions are necessary:‑‑(1) The matter directly and substantially in issue in the subsequent suit or the issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit.
(2) The former suit must have been a suit between the same parties or between parties under whom they or anyone of them claim.
(3) The parties must have litigated under the same title in the former
(4) The Court which decided the former suit must have been a Court competent to try the subsequent suit in which such issue is subsequently raised.
(5) The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the Court in the first suit. P L D 2003 700
Constructive Res Judicate:
Civil Procedure Code, 1908 (V of 1908) Section 11 and Order. VII, Rule. 1(g) and 8 -- Constructive res judicata--Failure of a party to ask for all relief to which he was entitled--Effect--Such relief, even if available and not asked for, could not be claimed by filing a subsequent legal proceedings as same would fall within mischief of constructive res-judicata. PLJ 2012 SC 289Civil Procedure Code (V of 1908) Section 11 :Principle of Res judicata, --- Constructive res judicata. --- Contention was that many of the questions pursuant to the issue involved we're not raised during the previous litigation, and therefore, could freely be re-agitated --- Validity--- Even if there were some questions, each one of the same ought to have been raised in the previous adjudication and. in the event any of them was not raised, such omission attracted the principle of constructive res judicata. 1999 S C M R 1633
Principles of Constructive res-judicata
Following are the principles for examination of question of constructive res judicata in accordance with Section 11, C.P.C.:-1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit.
2. The former suit must have been a suit between the same parties or between parties under whom they or anyone of them claim.
3. The parties as aforesaid must have litigated under the same title in the former suit.
4. The Court which decided the former suit must have been a Court competent to try the subsequent suit in which such issue is subsequently raised.
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the Court in the first suit. P L D 2005 605
Nature of Prohibition Imposed by Principle of Res Judicata:
Civil Procedure Code (V of 1908) Section 11:Nature of prohibition imposed by Ssection 11, C.P.C. on Court to try a suit. ‑‑Res judicata.A perusal of section 11 of C.P.C. indicates that it prohibits a Court from trying 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 the 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 competent Court.1997 SCMR 281
Doctrine of Res Judicate doesn’t apply Where relief claimed in both suits is different and distinct and subject of suits is entirely different;
Constitution of Pakistan (1973)‑‑Article. 185(3)‑‑Civil Procedure Code (V of 1908), S. IL‑‑Res judicata‑‑Leave to appeal granted, inter alia, to consider contention that judgment in suit filed by respondent against petitioners predecessor‑in‑interest could not act as res judicata because relief claimed in both suits were different and distinct. 1987 S C M R 1652Civil Procedure Code (V of 1908) Section 11: principles of Res judicata, ‑‑‑Conditions precedent for the application‑‑Principles of res judicata are however not applicable where the subject‑matter of litigation between the parties in previously instituted suit and suit under adjudication is entirely different. 1990 C L C 919
Withdrawal of Suit and Principle of Res Judicata:
Civil Procedure Code (V of 1908section 11: Res judicata‑‑‑Withdrawal of a suit with permission to bring a fresh one, would mean to permit a plaintiff to present a fresh plaint, inasmuch as when a suit was allowed to be withdrawn, with leave to bring a fresh suit it has to be regarded as never brought‑‑‑Filing a fresh suit, on the same subject, was thus not barred by the doctrine of res judicata. 1990 C L C 19Civil Procedure Code, 1908 (V of 1908) Section 11: Principle of res judicata-Not applicable where earlier suit was withdrawn and so was not decided on merits. PLJ 2004 Lahore 671
Civil Procedure Code (V of 1908) Section 11: Applicability of Principle of resjudicata‑‑‑Since earlier suit was withdrawn and was not decided on merits, principle of resjudicata was not applicable. 2004 M L D 943
Civil Procedure Code (V of 1908) Section 11 & Order XXIII Rule 1---Res judicata---Appeal against order of dismissal of suit for being premature---Dismissal of appeal becoming infructuous on account of withdrawal of suit---Effect---In absence of adjudication on merits, mere withdrawal of suit would not operate as res judicata. 2007 S C M R 289
Doctrine of Res Judicate and non-existent of matters in issue:
Civil Procedure Code (V of 1908) Section 11: Applicability of principle of Res judicata -- matters in issue in present suit were non-existent when previous suit was decided---Doctrine of res judicata was thus not attracted in circumstances. 1991 M L D 1312Principle of res judicata and Family Courts:
Civil Procedure Code (V of 1908)‑ Section 11: Earlier suit having not been decided on merits, no question of application of principle of res judicata would arise. 1992 M L D 1697Principle of Res Judicate and Prayer:
Civil Procedure Code (V of 1908), Order. 41, Rule .2 and Section11‑‑‑Res judicata‑‑‑Prayer, which was left out in a suit or application, could not be made in a subsequent suit or application in view of Order II, Rule 2, Civil Procedure Code and principle of res judicata. 1992 M L D 777Principle of Res Judicata and Compromise:
Civil Procedure Code (V of 1908), Section 11: Suit for permanent injunction---Compromise--- applicability of Principle of res judicata, Suit for permanent injunction earlier filed by plaintiff on the same cause of action was dismissed by Trial Court on basis of compromise whereof wall in dispute was agreed to be owned by defendant by the parties--Appeal against judgment of Trial Court was subsequently withdrawn stating therein that the parties had amicably settled their discord---Decree in the case having attained finality, plaintiff's second suit On basis of same cause of action, primarily challenging exclusive entitlement of defendant qua the suit wall claiming the same to be common, squarely fell within purview of S.11, C. P. C. 2003 M L D 1740Civil Procedure Code (V of 1908) Section 11: Res, judicata, principle of‑‑‑Where earlier, litigation ended on the basis of statements of parties, which at best was in the nature of compromise, and no conclusive determination of any of the issues between parties had been made, then principle of res judicata would have no application in subsequent litigation. 2003 CLD 614
Res Judicata and Revenue Authorities:
Civil Procedure Code (V of 1908) Section11: Jurisdiction of Civil Court-- Applicability of principle of Res judicata, ---Any order made by Revenue Authorities under Land Revenue Act, 1967 would not debar the aggrieved party to establish his rights or title in respect of immovable property by invoking jurisdiction of Civil Courts. 2008 Y L R 781
Civil Procedure Code (V of 1908) Section11: Jurisdiction of Civil Court-- Applicability of principle of Res judicata, ---Any order made by Revenue Authorities under Land Revenue Act, 1967 would not debar the aggrieved party to establish his rights or title in respect of immovable property by invoking jurisdiction of Civil Courts. 2008 Y L R 781
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