res judicata

S . 11 Civil Procedure Code, 1908 res judicata is a restraint on the right of a plaintiff to have an adjudication of his claimRule of res judicata is founded on considerations of public policy that finality should be attached to the binding decisions pronounced by the Courts of com petent jurisdiction explanation IV, CPC, applicants (respondents) . In view of section 11, might and ought to have made grounds of defence in the former suit to claim possession of the land measuring 7128.5 sq. yards Consequence would be that failure to raise such defence or counter claim would be deemed to be constructive res judicata in term Explanation IV of Section11 CPC s of For res judicata to apply, the matter in the former suit must have been alleged by one party and either denied or admitted, expressly or impliedly by the other 4971.5 sq Since the issue in the suit was restricted to . yards, the decree would be binding to that extent onlyIssue cannot be said to be barred by constructive res judicata as per Explanation IV as it applies to the plaintiff in a later suitAppellants have denied the claim of the plaintiffs in the first sui t to the extent that it was the subject matter of that suit alone Therefore, the decree in the first suit will not operate as res judicata in the subsequent matters – Appeal is allowed. 

Case Law:

Union of India and another v. S. Narasimhulu Naidu (D) through L.Rs. and other, 

Citation:

2022 (154) RD 377 –(SC)