Section 11 CPC Archives

Title Suit Not Barred by Constructive Res Judicata

Constructive Res Judicata Cannot Bar Title Suit When Right Was Not Previously Under Threat: Supreme Court

A man who had owned land since childhood under a 1960 deed was nearly stripped of his entire property through a doctrine designed to prevent re-litigation, the Supreme Court stepped in, holding that constructive res judicata cannot be used to produce harsh or inequitable consequences.

Case Briefs High Courts

Dealership and Lease Agreements are distinct, disputes must be litigated independently: J&K and Ladakh HC

“Order 2 Rule 2 and Section 11 CPC ensured that all claims were brought in one suit, and Section 11 CPC also operated to bar re-litigation of decided matters.”

Case Briefs High Courts

‘Incidental or non-essential observations do not constitute res judicata’; Calcutta High Court affirms dismissal of Order 7 Rule 11 application

Calcutta High Court noted that the mere dismissal of the first suit does not automatically render the second suit barred by res judicata.