Section 11 of the Code are attracted.
5. The issue of res-judicata, being a principle of equity based on public policy, is applicable even ... res-judicata.
8. In Hoshnak Singh v. Union of India and Ors. (5), the Hon'ble Apex Court held that the issue of res
res-judicata. The trial Court held that the finding in the previous suit against the respondent would not operate as res-judicata as the said ... res-judicata in the second suit. Hence, the appellant's plea that there is a bar of res-judicata in re-agitating
respondent No.1-plaintiff was barred by the principles of res-judicata or constructive res-judicata ?
(iii) Whether the suit of the respondent ... simple reason that for the purpose of applying the principles of res-judicata, it is very much necessary that the matter in issue
respect of principle of res-judicata and the lower Court recorded a finding that the principle of res-judicata is applicable in the present case ... principles of res-judicata and it was held that if two cause of action are separate and distinguishable then the principle of res-judicata
issue pertaining to a disputed wall,
being barred by principle of res-judicata.
2. The controversy in a narrow compass is that the plaintiff-
petitioner ... attract the bar of principle of res-judicata.
13. Moreover, the plea of res-judicata in the present case cannot
be said
respondents, the petitions were not only barred by the principles of constructive res-judicata but were liable to be rejected on the ground of delay ... petitioners that the petitions were neither barred by the principles of res-judicata, nor barred by delay, laches or acquiesence. According to Mr. Mehta
with the same jurisdiction then it will operate as res judicata. The principle of res-judicata as explained by the Hon'ble Apex Court ... proceedings, the successive proceedings will operate as res-judicata. It is to be understood that principles of res-judicata is to stop judicial indiscipline. Once
also pleaded that the suit was barred under the principles of res-judicata in view of the judgment in the former suit mentioned above. This ... this party-wall was barred by the principle of constructive res-judicata. The learned Counsel for the respondents has contended that there is no prohibition
plaintiff-respondent's suit was barred by the principle of res-judicata and that the lower appellate court decided the controversy against the defendant appellant ... controversy in the earlier litigation and that the principle of res-judicata can be attrzcted in the present case. The learned Counsel, however, emphasised
respondents, the petitions were not only barred by the principles of constructive res-judicata but were liable to be rejected on the ground of delay ... petitioners that the petitions were neither barred by the principles of res-judicata, nor barred by delay, laches or acquiesence. According to Mr. Mehta