Code of Civil Procedure Section 11. Res judicata.
12. Bar to further suit
—Where a plaintiff is precluded by rules from instituting a further suit in respect
of any particular cause of action, he shall not be entitled to institute a suit
in respect of such cause of action in any Court to which this Code applies.
Part in Red is
original provisions from CPC reproduced here for reference.
(Para 12)
Principle of res judicata would apply to proceedings initiated before the
Central Administrative Tribunal. If the said principles were applicable, the
bar to maintain a fresh application on the self-same cause of action would
attract provisions of Section 12 of the Code of civil Procedure or the general
principles of res judicata.
2) Ramchandro Dagdu Sonavane (Dead) by L.Rs. & Ors. v. Vithu Hiro Mahar (Dead) by LRs. & Ors., (2009) 10 SCC 273: (Para 31) Civil – Res judicata - Application of - Section 11 of Code of Civil Procedure, 1908 Whether the Judgment and Decree passed in the original suit would operate as res judicata in subsequent proceedings, including the proceedings before the High Court in the second appeal and writ petition filed by the Respondents - Held, a plea decided even in suit for injunction touching the title between the same parties, would operate as res judicata - In the present case, all the issues has been decided in earlier suit and has been confirmed in the regular second appeal and the issue decided therein was binding on the parties - Each one of the conditions necessary to satisfy the test as to the applicability of Section 11 of CPC is satisfied.
3)
Reference:
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