Question: State briefly whether the doctrine of Res Judicata would be applicable in the following case? “If the previous case was decided by a court of Exclusive Jurisdiction”. Find the answer to the mains question only on Legal Bites. [State briefly whether the doctrine of Res Judicata would be applicable in the following case? “If the previous case was… Read More »

Question: State briefly whether the doctrine of Res Judicata would be applicable in the following case? “If the previous case was decided by a court of Exclusive Jurisdiction”. Find the answer to the mains question only on Legal Bites. [State briefly whether the doctrine of Res Judicata would be applicable in the following case? “If the previous case was decided by a court of Exclusive Jurisdiction”.] Answer Yes, the doctrine of res judicata applies in case of a decision given by...

Question: State briefly whether the doctrine of Res Judicata would be applicable in the following case? “If the previous case was decided by a court of Exclusive Jurisdiction”.

Find the answer to the mains question only on Legal Bites. [State briefly whether the doctrine of Res Judicata would be applicable in the following case? “If the previous case was decided by a court of Exclusive Jurisdiction”.]

Answer

Yes, the doctrine of res judicata applies in case of a decision given by a court of exclusive jurisdiction- Supreme Court in Raj Lakhmi Dasi v. Banamali Sen AIR 1953 SCR 154.

In this case, the court stated that the condition regarding the competency of the former court to try the subsequent suit is one of the limitations engrafted the general rule of 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 of law, all that is necessary to establish is that the court that heard and decided the former case was a court of competent jurisdiction. It does not seem necessary in such cases to further prove that it has jurisdiction to hear the later suit.

A plea of res judicata general principles can be successfully taken in respect of judgments of courts of exclusive jurisdiction, like revenue courts, land acquisition courts, administration courts, etc. It is obvious that these courts are not entitled to try a regular suit and they only exercise special jurisdiction conferred them by the statute.

Hence, in view of the above observation, it can be said that the doctrine of Res Judicata would be applicable “If the previous case was decided by a court of Exclusive Jurisdiction”.


Important Mains Questions Series for Judiciary, APO & University Exams

  1. CPC Mains Questions Series: Important Questions Part – I of X
  2. CPC Mains Questions Series: Important Questions Part – II of X
  3. CPC Mains Questions Series: Important Questions Part – III of X
  4. CPC Mains Questions Series: Important Questions Part – IV of X
  5. CPC Mains Questions Series: Important Questions Part – V of X
  6. CPC Mains Questions Series: Important Questions Part – VI of X
  7. CPC Mains Questions Series: Important Questions Part – VII of X
  8. CPC Mains Questions Series: Important Questions Part – VIII of X
  9. CPC Mains Questions Series: Important Questions Part – IX of X
  10. CPC Mains Questions Series: Important Questions Part – X of X
Updated On 2021-12-16T12:14:22+05:30
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