Mr Shangar Murali Advocate [9/5, 18:28] Adhilashmi Logomoorthy: Section 11 of CPC. A defendant would successfully contest a suit filed by a plaintiff on the plea, of “Ex Capito Resjudicata” (One suit and one decision is enough for any single dispute).

[9/5, 18:28] Adhilashmi Logomoorthy: Section 11 of CPC
[9/5, 18:28] Sekarreporter: [9/5, 18:28] Sekarreporter: [9/5, 18:27] Sekarreporter: • A defendant would successfully contest a suit filed by a plaintiff on the plea, of “Ex Capito Resjudicata” (One suit and one decision is enough for any single dispute).
• The Principle of Resjudicata is based on the need of giving finality to the judicial decision.
• The Object of the doctrine of resjudicata is based on 3 maxims:
1. Nemo debet lis vexari pro una et eadem causa. (No man should be vexed twice for the same cause)
2. Interest rebublicae ut sit finis litium.(It is the interest of the state that there should be an end to a litigation).
3. Resjudicata pro veritate occipitur (A judicial decision must be accepted as correct).
• Resjudicata is mixed question of law & fact. It cannot be disposed off as a preliminary issue under order XXIV rule 2(b) of CPC. However if the earlier judgement was obtained by fraud, Collusion or without jurisdiction, this maxim has no application.
• A matter directly & substantially in a issue in a former suit will operate as resjudicata.
[9/5, 18:27] Adhilashmi Logomoorthy: Mr Shangar Murali Advocate
[9/5, 18:28] Adhilashmi Logomoorthy: Section 11 of CPC