res judiceta
Anil Kumar kamboj Delhi M-9650
(Querist) 25 August 2008
This query is : Resolved
what is the meaning of constructive res judiceta
Res subjudice & Res judicata are clearly defined in Section 10 & Section 11 of the Code of Civil Procedure, 1908 respectively. Both the provisions are made in order to avoid multiplication of suits and unnecessary delay. You can go through the provisions by reading the said sections of CPC, but I make you understand in a layman view:
1. Res subjudice: The court shall stay every matter which is already a pending adjudication before a court of competent jurisdiction between same party and on same cause of action.
2. Res judicata: The court shall not try any suit which has already been decided by a court of competent juridiction in any earlier case between same party and on same cause of action.
The point of difference is that in res subjudice, the court gives stay to the subsequent suit whereas in res judicata, the courts do not entertain the subsequent suit.
Hope the above information is beneficial for you.
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arunprakaash.m.
(Expert) 26 August 2008
When a suit has been conclusively decided bt a competent court for a cause of action, a bar is there for filing another suit. this is called as a doctrine of RES JUDICATA. REFER section 11 of CPC 1908.
Murali Krishna
(Expert) 26 August 2008
Consurtuctive res judicata can be understood from explanation IV to Sec.11 of CPC.
Where parties have had an opportunity of controverting a matter, but not contorverted, then it should be taken as if the matter had been actually controverted and decided and cannot be raised again.
