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Res judicata : meaning

Res Judicata is a Latin word which means "a matter judged already". It means a matter which is adjudicated already on merits of the case and which is not a subject to appeal any more. The term is used to bar a case between the same parties, in which same dispute has already been adjudicated.

As per Section 11 of Civil Procedure Code, 1908

"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"

Thus for Res Judicata, there has to be

- A suit or any issue in the court

- Where matter directly and substantially in issues has already been adjudicated and decided in a former suit between the same parties.






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