CPC Section 11 — Res judicata
Civil
Summary
A court cannot hear a case or decide a specific issue if that same core matter has already been directly and substantially decided in a previous case between the same people (or people claiming under them) who were fighting under the same legal right, and that previous court had the authority to hear the later case. A "former suit" means any case decided before the current one, even if it was filed later. The court's authority is judged without considering whether an appeal was possible from its earlier decision. The matter must have been raised by one side and either denied or admitted by the other in the earlier case. Anything that could and should have been raised as a defense or claim in the earlier case is treated as if it were directly in issue. If a relief was asked for in the earlier case but not granted in the final order, it is considered refused. When people genuinely fight for a public right or a common private right for themselves and others, everyone with that right is treated as claiming under them. This rule also applies to proceedings to enforce a court order, and a final decision on an issue by a court with limited authority still prevents that issue from being re-decided in a later case, even if that limited court could not hear the later case.
Official Text
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. Explanation I.-- The expression former suit shall denote a suit which has been decided prior to a suit in question whether or not it was instituted prior thereto. Explanation II.-- For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court. Explanation III.--The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other. Explanation IV.-- Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit. Explanation V.-- Any relief claimed in the plaint, which is not expressly granted by the decree, shall for the purposes of this section, be deemed to have been refused. Explanation VI.-- Where persons litigate bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the persons so litigating . Explanation VII.-- The provisions of this section shall apply to a proceeding for the execution of a decree and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a proceeding for the execution of the decree, question arising in such proceeding and a former proceeding for the execution of that decree. Explanation VIII.-- An issue heard and finally decided by a Court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been subsequently raised.