What is the meaning of 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.

What is the object of res judicata?

A court will use res judicata to deny reconsideration of a matter. The doctrine of res judicata is a method of preventing injustice to the parties of a case supposedly finished but perhaps also or mostly a way of avoiding unnecessary waste of resources in the court system.

What are the conditions of res judicata?

Conditions for application of Res Judicata (Section 11 of CPC,1908) Matter directly and substantially in the subsequent suit: It means that matter must be directly related to the suit. It must not be collateral or incidental to the issue.

Under which of the following provisions of CPC the principle of constructive res judicata has been explained?

Section 11 of the code of Civil Procedure, 1908[1], embodies the rule of res judicata or the rule of conclusiveness of the judgment, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties.

What is res judicata Malaysia?

“[A] res judicata is a decision pronounced by a judicial or other tribunal with jurisdiction over the cause of action and the parties, which dispose once and for all of the fundamental matter decided, so that, except on appeal, they cannot be relitigated between persons bound by the judgment.”.

How does res judicata differ from RES subjudice?

Res subjudice relates to matter pending judicial enquiry or trial sub judice. Res-judicata relates to a matter already adjudicated or matter in which decision is already there. Res subjudice bars to the trial of a suit.

What is the difference between res judicata and RES subjudice?

How does res judicata different from res sub judice?

Res judicata applies to a decided or adjudicated matter. 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.

How decree is executed?

By execution, a judgment-debtor is compelled to carry out the mandate of the decree or order. Execution implies giving effect to an order or judgment of a court of justice. When the decree-holder gets the thing granted to him by judgment, decree or order, the execution is complete.

Is constructive res judicata applicable in Indian law?

In a recently reported decision [Ramchandra Dagdu Sonavane (Dead) by L.Rs. v. Vithu Hira Mahar (Dead) by LRs. & Ors., AIR 2010 SC 818], the Supreme Court has explained the doctrine of constructive res judicata as applicable in Indian law.

What is meant by res judicata?

The matter directly and substantially in issue may either be actually in issue or constructively in issue and both the matters constitute res judicata if the same were in issue in the former suit and is also is issue in the subsequent suit.

What is a matter constructively in issue under Section 11?

Explanation IV to Section 11 says that any matter which might or ought to have been made a ground of defence or attack in the former suit shall be deemed to have been a matter constructively in issue in that suit.