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Resjudicata

(Querist) 06 January 2009 This query is : Resolved 
what is Resjudicata when,where and why it will applied.
Kiran Kumar (Expert) 06 January 2009
S.11 CPC 1908, read it first then go for specific query :-)
Guest (Expert) 06 January 2009
To give finality to the case, S.11 of CPC is there, where the following conditions are required:
1. The parties must be same.
2. The dispute (the subject matter) is also same.
3. The dispute has been decided on merits finally (including revisional jurisdiction and appellate jurisdiction and also Special Leave Petition jurisdiction(Supreme Court jurisdiction)
If a case has been decided in such a manner, none of the parties is entitled to raise the dispute again. Its aim is, as I said, to avoid repetition of litigation.
Prabhakar
karlprabhakar@gmail.com
(M)9958670740
Raj solanki (Expert) 08 January 2009
read section 11 of C.P.C, when a question, issue have been dicided by a competent court of law between the parties than they can not fight again on the same issue or question that calledd resjudicata


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