Section 11 of CPC : Section 11: Res judicata.

Explanation using Example

Example 1:

Ravi and Suresh are neighbors who have a dispute over a piece of land. Ravi files a suit in the District Court claiming ownership of the land. The District Court hears the case, examines the evidence, and finally decides that the land belongs to Suresh. Ravi does not appeal the decision, and it becomes final.

A year later, Ravi files another suit in the same District Court, again claiming ownership of the same piece of land. Under Section 11 of the Code of Civil Procedure, 1908, the court will not entertain Ravi's new suit because the matter of ownership of the land has already been directly and substantially in issue in the former suit between the same parties and has been finally decided by a competent court. This is an application of the principle of res judicata.

Example 2:

Priya and Anil are involved in a legal dispute over the ownership of a family business. Priya files a suit in the High Court claiming that she is the rightful owner of the business. The High Court hears the case and decides in favor of Anil, stating that he is the rightful owner. Priya does not appeal the decision, and it becomes final.

Later, Priya files a new suit in a lower court, this time claiming that she is entitled to a share of the profits from the business. The lower court will apply Section 11...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.