Which section of the CPC deals with the principle of "res judicata"?
Explanation & Strategy
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Section 11 codifies the doctrine of res judicata ('a thing decided'), which prevents relitigation of the same issues between the same parties. Its five conditions are: (1) same matter directly and substantially in issue, (2) in a former suit, (3) between same parties or their privies, (4) litigating under the same title, (5) decided by a competent court. Section 10 deals with res sub-judice (pending suits), Section 9 with jurisdiction of civil courts, and Section 12 with bar on second suits.
The text reads: Section 11 CPC: 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.