Question: Plea barred by res judicata | In a suit between A and B regarding a certain plot of land, there are two matters in issue: (1) whether A is the heir of D and (2) whether A is the owner of the said plot by adverse possession. The first issue is decided in the negative but as… Read More »

Question: Plea barred by res judicata | In a suit between A and B regarding a certain plot of land, there are two matters in issue: (1) whether A is the heir of D and (2) whether A is the owner of the said plot by adverse possession. The first issue is decided in the negative but as to the other issue, the court decides that A is the owner by adverse possession. In a subsequent suit between A and B, A again takes the plea that he, that is, A is the heir of D. Is the plea barred by...

Question: Plea barred by res judicata | In a suit between A and B regarding a certain plot of land, there are two matters in issue:

(1) whether A is the heir of D and
(2) whether A is the owner of the said plot by adverse possession.

The first issue is decided in the negative but as to the other issue, the court decides that A is the owner by adverse possession. In a subsequent suit between A and B, A again takes the plea that he, that is, A is the heir of D. Is the plea barred by res-judicata? Give reasons for your answer.

Find the answer to the mains question only on Legal Bites. Plea barred by res judicata | [In a suit between A and B regarding a certain plot of land, there are two matters in issue: (1) whether A is the heir of D and (2) whether A is the owner of the said plot by adverse possession. The first issue is… Is the plea barred by res-judicata? Give reasons for your answer.]

Answer

Section 11 of the Code of Civil Procedure, 1908 embodies the doctrine of res judicata or the rule of conclusiveness of a judgment, as to the points decided either of fact, or of law, or of fact and law, in every subsequent suit between the same parties.

It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in subsequent litigation.

Section 11 of the Code of Civil Procedure reads thus:

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.

A matter directly and substantially in issue in a former suit will operate as res judicata in a subsequent suit. The question whether or not a matter is “directly and substantially in issue” would depend upon whether a decision on such an issue would materially affect the decision of the suit.

On the facts in the question, in the former suit, both the matters in issue were of importance for the decision of a case and thus directly and substantially in issue. The issues were heard and decided on merits. Therefore, the plea that A is the heir of D in a subsequent suit is clearly barred by res judicata.


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Updated On 2021-12-26T16:47:17+05:30
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