Pleading Res Judicata: Key Rules & Strategies

In the present action the defendants set up the plea of res judicata, pleading the decree dismissing the former action in bar of this action. ... The only question is, whether the claim is res judicata. ... The law as to res judicata in Ceylon is contained in section 207 of the Civil Procedure Code. ... The defendants pleaded the judgment in the first action as res judicata. Held, that the plea was....

When the plaintiff brought the present action relying on that permission the defendant objected, pleading res judicata. ...   Civil Procedure Code, s. 406-Withdrawal of an action with liberty to bring fresh action-Dismissal of action-Res judicata. ... Browne), who upheld the plea of res judicata and dismissed the action. The plaintiff appealed. Dharmaratna, for appellant. Sampayo, for respondent, cited, D. ....

2023 0 Supreme(Raj) 2209

On the basis of pleading of the respective parties, the learned trial Court framed 10 issues including relief. Issue No.8 pertained to maintainability of the suit on account of res-judicata. ... Valluri Jagannadha Rao (deceased) by his heirs and legal representatives & Ors.: AIR 1967 SCC 591 (V 54 C 128) that such compromise decree does not operate as res-judicata. ... It was also held that the earlier suit was decided on the basis of compr....

High Court Malaya Kuala Lumpur

(3) This rule shall, as far as applicable, applyto an originating summons as if it were a pleading. ... Striking out pleadings and endorsements (O 18 r 19) (1) The Court may at any stage of the proceedings order tobe struck out or amended any pleading or the endorsement, of any writ in theaction, or anything in any pleading or in the endorsement, on the ground that: ... [11] The Defendant further contends that the undertaking to the paym....

High Court Malaya Kuala Lumpur

(3) This rule shall, as far as applicable, applyto an originating summons as if it were a pleading. ... Striking out pleadings and endorsements (O 18 r 19) (1) The Court may at any stage of the proceedings order tobe struck out or amended any pleading or the endorsement, of any writ in theaction, or anything in any pleading or in the endorsement, on the ground that: ... [11] The Defendant further contends that the undertaking to the pa....

The same principle of setting parties’ rights to rest applies and estoppel occurs.” ... Thirdly, the same principle - namely, that of setting to rest rights of litigants, applies to the case where a point, fundamental to the decision, taken or assumed by the plaintiff and traversable by the defendant, has not been traversed. ... This was raised in relation to the res judicata issue. ... And, in so far as the so-called new issues are concern....

The same principle of setting parties’ rights to rest applies and estoppel occurs.” ... Thirdly, the same principle - namely, that of setting to rest rights of litigants, applies to the case where a point, fundamental to the decision, taken or assumed by the plaintiff and traversable by the defendant, has not been traversed. ... This was raised in relation to the res judicata issue. ... And, in so far as the so-called new issues are concern....

The same principle of setting parties’ rights to rest applies and estoppel occurs.” ... Thirdly, the same principle - namely, that of setting to rest rights of litigants, applies to the case where a point, fundamental to the decision, taken or assumed by the plaintiff and traversable by the defendant, has not been traversed. ... This was raised in relation to the res judicata issue. ... And, in so far as the so-called new issues are concern....

The same principle of setting parties’ rights to rest applies and estoppel occurs.” ... Thirdly, the same principle - namely, that of setting to rest rights of litigants, applies to the case where a point, fundamental to the decision, taken or assumed by the plaintiff and traversable by the defendant, has not been traversed. ... This was raised in relation to the res judicata issue. ... And, in so far as the so-called new issues are concern....

Federal Court Putrajaya

The same principle of setting parties' rights to rest applies and estoppel occurs." ... This was raised in relation to the res judicata issue. ... Thirdly, the same principle - namely, that of setting to rest rights of litigants, applies to the case where a point, fundamental to the decision, taken or assumed by the plaintiff and traversable by the defendant, has not been traversed. ... And, in so far as the so-called new issues are concern....

2022 0 Supreme(Telangana) 450

“The petitioners herein - defendants have specifically pleaded that in the previous suit, i.e., O.S.No.24 of 1986, an issue i.e., whether the plaintiff is the owner of the suit house? If so, whether the defendant obtained the same on rent from the plaintiff”, was framed. According to the petitioners herein, the judgment and decree in earlier suit i.e., O.S.No.24 of 1986 operate as res judicata to the present suit. In view of the above, it is relevant to note that in paragraph No.17 o....

2008 0 Supreme(Del) 679

Section 11 contains the rule of conclusiveness of the judgment which is based partly on the maxim "Interest reipublicae ut sit finis litium (it concerns the State that there be an end to law suits) and partly on maxim "Nemo debt bids vexari pro una at eadem cause" (no man should be vexed twice over for the same cause). The principle of rest judicata as contained in Section 11 CPC bars the Court to try any suit or issue in which the matter directly and substantially in issue has been directly a....

2008 0 Supreme(Del) 565

Section 11 of the CPC contains provisions of rest judicata but these are not exhaustive of the general doctrine of rest judicata. That is true even when the earlier determination may be erroneous. The principles of rest judicata applicable to writ proceedings prevent parties to a judicial determination from agitating the same question over again. The previous order passed by the High Court of Bombay operates as rest judicata qua issues that were examined and....

2008 0 Supreme(Del) 372

6. A fresh petition being OA 1305/2001 was filed before the Central Administrative Tribunal. This petition was dismissed on 26th August, 2002 on the ground that it was barred by principle of rest judicata and constructive rest judicata. A review application being RA 255/2002 was also filed against the said order.

2007 0 Supreme(Del) 2738

2. Explaining rest judicata and its twin effect, George Spencer Bower in his treaties The Doctrine of rest Judicata IInd Edition, page 1, has to say: I. The three essentials of the general principle of rest judicata may be stated as follows: 1. A decision by a Competent Judicial Tribunal which is final. In turn the question encompasses the scope of the principle of rest judicata: How is the principle of rest judicata impacted by Sections 40 to 43 of the Indi....