many other situations also
Principles not only of direct res-judicata but of
constructive res-judicata are also applied, if by any
judgment or order ... res-judicata and bars the trial of an
identical issue in a subsequent proceedings
between the same parties. The Principle of res-
judicata comes into
Indian Appeal 91, traced the principle of res judicata from the old Hindu text of Katyayana. Res judicata was also expounded in Greek custom ... res judicata a party affected by the decision will not be precluded from challenging the validity of that order on the ground of res judicata
principle of res judicata governed the case or that there was an estoppel by judgment. By that expression, the principle- of res judicata is described ... Res Judicata has been evolved to prevent such an anarchy. That is why it is perceived that the plea of Res Judicata
that subsequent suits is not barred by the principles of res-
judicata. The principles of res-judicata is not a technical doctrine ... technical ground,
inasmuch as, the doctrine of res-judicata is not a technical doctrine. The doctrine
of res-judicata is for promoting honest and fair
suit of the plaintiff was
barred by the principles of res-judicata. Learned appellate Judge
recorded that the plaintiff had already agitated the issue about ... suit of the plaintiff on
the principles of res-judicata.
Even
apart from the principles of res-judicata, the suit of the plaintiff
suffered from
principles of
res-judicata". The Learned Trial Judge,
if had considered that there is a plea of
res-judicata raised in the written
statement ... already noticed, issue of
res-judicata has not been distinctly
:8:
framed and tried between the parties.
Since, res-judicata is a mixed question
doctrine of res-judicata is contained in Section 11 of the
Code. It reads herein as under:-
"11. Rest judicata.-
No Court shall ... constructive res-judicata, the second suit which is premised
on this agreement to sell is necessarily barred.
26 The rule of constructive res-judicata
Defendant seeks
rejection of the plaint on the plea of res-judicata. The objection of the
Defendant is that in earlier suit for partition filed ... sought earlier as well and thus the same is barred by res-judicata. Reliance
is placed on T. Arivanandam vs. T.V. Satyapal and another
complaints,
before the Consumer Foras, yet, the principles analogous to res-judicata and the provisions of Order
II, Rule 2 Sub-Rule ... complaint, is, thus, not
maintainable, being barred by the principles of res-judicata, and Order II Rule
2 Sub Rule 2 of the Code
were distinct than present one and
therefore, no question of res-judicata arises. The learned senior counsel pointed
out that the only ground raised ... res-
judicata. In my view, there is no merit in the plea of the Government that Claim
No.1 is barred by res-judicata
