Section 11 of The Code of Civil Procedure, 1908
Res judicata.
No Court shall try 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 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 a 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 to 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 IV.-- 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 persons so litigating . 1[Explanation VII.-- The provisions of this section shall apply to a proceeding for the execution of a decree and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a proceeding for the execution of the decree, question arising in such proceeding and a former proceeding for the execution of that decree. Explanation VIII.-- An issue heard and finally decided by a Court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been subsequently raised.]
Summary
- No court is allowed to try a case or an issue that was already decided in a previous case between the same parties.
- This rule applies if the parties are the same or are people who legally represent those parties.
- The previous court must have been legally authorized to decide both the first case and the new one.
- A former suit is defined as one that was decided before the current case, even if it was actually started later.
- If a party fails to ask for a specific type of relief and the court does not mention it in the final decision, that relief is considered to have been legally refused.
- This principle, called res judicata, also applies to the final steps of a case where a court's order is being carried out, known as execution proceedings.
Practical examples
FAQ
1. What is the main purpose of Section 11 of The Code of Civil Procedure, 1908?
Section 11 of The Code of Civil Procedure, 1908, ensures that once a matter has been heard and finally decided by a competent court, the same parties cannot litigate that same issue again.
2. Does a case have to be started first to be considered a former suit under Section 11 of the 1908 Code?
No, under Section 11 of the 1908 Code, a former suit is simply one that reached a final decision before the current case, regardless of which one was filed first.
3. If I forget to bring up a defense in my first trial, can I use it in a second trial under Section 11 of the Civil Procedure Code?
Generally no, because Section 11 of the Civil Procedure Code includes matters that ought to have been used as a defense or attack in the first case as being already decided.
4. Does Section 11 of the 1908 Act apply to the process of carrying out a court's order?
Yes, the rules of Section 11 of the 1908 Act apply to execution proceedings, which are the proceedings used to enforce a court's decree.
Test yourself
1.Under Section 11 of The Code of Civil Procedure, 1908, what happens if a plaintiff asks for three different types of compensation but the court's final decree only grants two and is silent on the third?
2.According to Section 11 of The Code of Civil Procedure, 1908, how is a former suit identified?
3.Under Section 11 of The Code of Civil Procedure, 1908, if a court had the power to decide an issue but there is no right to appeal that decision, does the rule of res judicata still apply?
4.Under Section 11 of The Code of Civil Procedure, 1908, if a group of people sue to protect a public park on behalf of their whole neighborhood, are other neighbors who weren't in court also bound by the result?