RES-JUDICATA SEC.11 & RES-SUB-JUDIE SEC.10 OF C.P.C.

technical words used in both sections :-no court shall proceed with trial ; no court shall try ; any suit ; any suit or issue ; matter directly and substantially in issue ; same in sec.11 also ; between same parties ; same in sec.11 also ; both suits must be in pending ; one is decided and another is pending; former suit and later suit , the later suit is to stayed ; no former suit and later suit, only decided suit and not decided suit ; same cause of action and same subject matter ; same in sec.11 also ; in the same court or any court in India ; same in sec.11 also ; there is only one provision in sec.10 pending in foreign court is not to be consider ; there are 8 explanations in sec.11 ; explanation I - former suit means decided suit but not as first suit or later suit . exp.II - even the right of appeal is there over the decided case[ that means that one cannot say that he/other party filed an appeal and appeal is pending and as such no res-judicata applies ]. exp.III - there must be specific pleadings of facts [matter] by one party and specific denial or admission of pleadings by other party ,in the decided suit or issue, and pending suit ,be one and the same.exp.IV -any matter [facts] which might and ought to have been taken as a ground of defense or attack in such decided case [former suit ] , shall be deemed to have been a matter directly and substantially in issue[decided] in such suit. exp.V - any relief claimed in the plaint, which is not expressly granted by the decree, shall for the purposes of this section, be deemed to have been refused.[ it means , it should not be again re agitated in subsequent proceedings like E.P. ]. exp.VI- where some persons litigated bona fide in respect of a public right or private right, claimed in common for themselves and also for others, all persons interested in such right shall , for the purpose of this section, be deemed to have claimed under the persons so litigating [ that means if some persons of a locality file a suit for having access against some group of persons or individual or any authority, and litigated the case bona fide for the purpose of all persons of that locality, the judgement is binding on all the persons of that locality and as such they cannot re agitate it by saying that they are not parties in former suit -decided suit].exp.VII - the principles of res-judicata apply in execution proceedings also [ that means the matter decided in suit proceedings and matter decided in execution proceedings , should not be re agitated in execution proceedings or in subsequent stages of execution proceedings - constructive resjudicata].exp.VIII- when a small cause court decided any issue , again the same can not be re agitated in any suit of original jurisdiction ].