Res Judicata

Thank you for your query.

The principle of res judicata has been laid down in Section 11 of the Civil Procedure Code. It states that no court shall try any suit in which the matter directly and substantially has been an 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 suit.

It has been held that the principles of res judicata are applicable to execution proceedings also. This was held in the case of Mohanlal Goenka vs. Benoy Kishna Mukherjee by the Supreme Court.

I hope this answer helps you.

Lakshman Prasad Gupta, (1970) 3 SCC 440 : AIR 1970 SC 1525, the Supreme Court held that: “The principle of res judicata applies to execution proceedings. The judgment-debtors in the present case did not raise any objection as to limitation in regard to execution of the decree before the Civil Judge at Allahabad.

Hello,

Related:

https://www.lawyersclubindia.com/articles/res-judicata-and-its-applicability-in-tax-matters-3421.asp
https://www.lawyersclubindia.com/articles/doctrine-of-resj-udicata-1948.asp

Thank you