What is main distinction between the doctrine of ‘Res Judicata’ and the rule embodied In Order II Rule II of the CPC? Both the doctrine of Res judicata and rule embodied in O-2, R-2 are based on the rule of…
What is ‘Constructive Res Judicata’? In a recently reported decision [Ramchandra Dagdu Sonavane (Dead) by L.Rs. v. Vithu Hira Mahar (Dead) by LRs. & Ors., AIR 2010 SC 818], Hon’ble Supreme Court has explained the doctrine of constructive res judicata…
What are the main pre-requisites to implement the principle of ‘Res Judicata’? The pre-requisite which are necessary to implement the principle of “Res Judicata” are: 1) There must be a final judgment: 2) The judgment must be on the merits;…
What is provided in adjuctive law to implement the principle of ‘Res Judicata’? Section 11 of the Code of Civil Procedure embodies the doctrine of “Res judicata’ or the rule of conclusiveness of a judgment, as to the points decided…
What is ‘Res Judicata’? ‘Res Judicata’ means “a thing decided’, If is a common law doctrine meant to bar re-litigation of cases between the same parties in Court. Once a final judgment has been handed down in a lawsuit subsequent…
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