67. Section 11 of the Code is not the foundation of the principles of res judicata, but merely the statutory recognition thereof. The principle is a recognition of both cause of action estoppel as well as issue estoppel.

68. Without getting into details,it can be pointed out that a survey of the law as it developed in the past 50 years, from the earliest Constitution Bench decision in Daryao vs. State of U.P. {AIR 1961 SC 1457} to the various decisions such as those in Amalgamated Coalfields Limited vs. Janapada Sabha {AIR 1964 SC 1013}, Devilal Modi vs. Sales Tax Officer {AIR 1965 SC 1150}, Bombay Gas Co. Ltd vs. Jagannath Pandurang {1975 (4) SCC 690}, Lal Chand vs. Radha Krishan {AIR 1977 SC 789}, G.K.Dudani vs. S.D.Sharma {AIR 1986 SC 1455}, Forward Construction Co. vs. Prabhat Mandal {1986 (1) SCC 100}, V.Purushotham Rao vs. Union of India {2001 (10) SCC 305}, State of Karnataka vs. All India Manufacturers Organisation {2006 (4) SCC 683}, would show -

(i) that Section 11 CPC is not the foundation of the principle of res judicata, but a statutory recognition of a principle of common law, founded on the one hand upon public policy to ensure finality to litigation and on the othe

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