urged that there seems to be no good principle
behind applying the general principles of res judicata to
suits in circumstances which do not bring ... inter parties cannot, even on
general principles of res judicata, operate as res judicata
in a subsequent suit.
We may now refer to some
exhaustive. Principles of
not only of direct res judicata, but of constructive res
judicata engrafted in Explanation IV to s. 11 are applied in
many ... 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, as
indicated in Section 11 of the Code of Civil Procedure, has some technical
aspects, such as the aspect of constructive res judicata ... Supreme Court
reiterated the principles laid down in Daryao and also the principles of
constructive res judicata invoked in Forward Construction
urged that there seems to be no good principle behind applying the general principles of res judicata to suits in circumstances which do not bring ... inter parties cannot even on general principles of res judicata operate as res judicata in a subsequent suit."
In view of this authoritative pronouncement
have already seen that principle of constructive res judicata applies to execution proceedings also, the constructive res judicata pre supposes that in fact there ... appeals, the same operates as res judicata. The Full Bench to whom the question about operation of res judicata was referred accepted the plea
res judicata by Section 11 of the Code and has application to suits alone. When a plea of res judicata is founded on general principles ... further stated :
"There is no conflict between the principle of res judicata and that of prohibited alienation of particular properties on the ground
Suit and Res judicata
E.2.3 Conclusive decision and Res Judicata
E.2.3.1 Similarity in issue and Res Judicata ... judicata, but barred by principle of constructive res
judicata without assigning any reasons.
20. Plea of res judicata is a restraint on the right
Point No. 2
53. The principle that when both the cases are suits, general principles of res judicata cannot be made applicable to the previous ... res judicata by Section 11 of the Code and has application to suits alone. When a plea of res judicata is founded on general principles
note of that year were legal transactions, and what the principle of 'res Judicata' requires is that the same findings must be taken ... that year. It is not eadem questio, and therefore the principle of res judicata cannot apply."
In my view, this case is a clear
which require that the decision of the earlier court would operate res judicata only if it was competent to try the subsequent suit. For example ... tenant would be binding between the parties on the general principles of res judicata?
(iv) Whether irrespective of the general principles of res judicta
