Section 11 in The Code of Civil Procedure, Svt. 1977 (1920 A.D.)
11. Resjudicata.
- 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 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 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 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 litigating.Explanation VII. - Where a party to a civil suit, sets up or relies on a pedigree, or on the legitimacy or the genuineness or validity of the adoption of any person, including himself and the question of such pedigree, legitimacy or adoption is put directly and substantially in issue, and is, after a full and regular trial, decided against such party, then as regards such question or issue the party's descendants, heirs, executors, administrators or assigns shall in any future litigation be deemed to claim under him.Explanation VIII. - Where a party to a suit claims certain immovable property to be his and the Court decides that it is not his, such decision shall be binding on him and those claiming under him, in any future litigation in which he or they claim, as plaintiff or applicant, or plaintiffs or applicants, the property as against a person or persons in possession or occupation of it.[Explanation IX. - 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 X. - 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] [Inserted by Act XI of 1983, s.4(w.e.f. 15-8-1983).].
