What is the constructive res judicata?

It would mean harassment and hardship to the defendant. The rule of constructive res judicata helps in raising the bar. Hence this rule is known as the rule of constructive res judicata which in reality is an aspect of augmentation of the general principles of res judicata.

Where the doctrine of res judicata applies the suit is liable to be stayed?

deals with the doctrine of res –judicata. Section -10 provides the rule with regard to stay of suits where things are under consideration or pending adjudication by a court. On the other hand section-11 provides the rule relates to a matter already adjudicated.

Which provision of CPC deals with concept of constructive res judicata?

The rule of constructive res judicata is engrafted in Explanation IV of Section 11 of the CPC and in many other situations also principles not only of direct res judicata but of constructive res judicata are also applied.

What is the section 144 of CPC?

(1)Where and in so far as a decree 1 [or an order] is 2 [varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the purpose, the Court which passed the decree or order] shall, on the application of any party entitled to any benefit by way of restitution or …

What is RES Subjudice in CPC?

Res Sub judice applies in a matter which is pending. It bars the trial of a suit or an issue which has already been decided in a former suit. It bars trial of a suit which is a pending decision in a previously instituted suit. Section 11 of the Civil Procedural Code, 1908 deals with res judicata.

In which of the following proceedings principle of res judicata can be applied?

The principle of ‘res judicata’ has been held to apply to industrial adjudication when a matter in dispute in a subsequent case had earlier been directly and substantially in issue between the same parties and it had been heard and finally decided by the tribunal.

Which of the following deals with the institution of suits in the Code of Civil Procedure?

Section 26 provides that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. Order 4 Rule 1 lays down the procedure for institution of suit; but does not speak of any ‘other manner’ for the purpose.

Is CPC 1908 exhaustive?

The code of civil procedure 1908 is not an exhaustive law, it is obvious that some difficult situation can arise where the general law is silent or not so clear.

What is 148 a CPC?

[148 A. Right to lodge a caveat. — (1)Where an application is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court , any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.

Which section of CPC deals with doctrine of res subjudice?

Section 10
Section 10 of the Civil Procedural Code, 1908 deals with the conditions required to apply the principle of res sub judice.