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 of the Code of Civil Procedure, 1908, and dismiss Priya's new suit on the grounds of res judicata. The issue of ownership and entitlement to profits was directly and substantially in issue in the former suit and has been finally decided by a competent court.

Example 3:

Sunita and Rajesh are siblings who have a dispute over their deceased father's will. Sunita files a suit in the Family Court claiming that the will is invalid and that she is entitled to a larger share of the inheritance. The Family Court hears the case and decides that the will is valid and that the distribution of the inheritance should proceed as per the will. Sunita does not appeal the decision, and it becomes final.

A few months later, Sunita files another suit in the Family Court, this time claiming that certain assets were not included in the will and should be distributed differently. The Family Court will apply Section 11 of the Code of Civil Procedure, 1908, and dismiss Sunita's new suit on the grounds of res judicata. The validity of the will and the distribution of assets were directly and substantially in issue in the former suit and have been finally decided by a competent court.

Example 4:

A group of residents in a locality files a public interest litigation (PIL) in the High Court against a factory, claiming that it is causing environmental pollution. The High Court hears the case and decides that the factory is not causing any pollution and dismisses the PIL. The decision becomes final as no appeal is filed.

Later, another group of residents from the same locality files a new PIL in the same High Court, raising the same issue of environmental pollution by the factory. The High Court will apply Section 11 of the Code of Civil Procedure, 1908, and dismiss the new PIL on the grounds of res judicata. The issue of environmental pollution by the factory was directly and substantially in issue in the former PIL and has been finally decided by a competent court.