LawforAll

advocatemmmohan

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since 1985 practicing as advocate in both civil & criminal laws

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Thursday, September 2, 2010

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

WHAT IS AN ISSUE = POINT TO BE DECIDED BY THE COURT ,FRAMED ON THE PLEADINGS OF BOTH PARTIES THAT IS ON THE PLEADINGS OF PLAINT AND WRITTEN STATEMENT OF PLAINTIFF AND DEFENDANT RESPECTIVELY. ISSUE MEANS DISPUTE POINT ARISES ON THE SUBJECT MATTER OF THE SUIT. WHAT IS THE SUBJECT MATTER OF THE SUIT = CLAIMING OF SOME RIGHTS ,TITLES AND RELIEFS OVER A SPECIFIC PROPERTY/IES OR STATUS, WHETHER TANGIBLE OR INTANGIBLE . FOR EXAMPLE IF "A" FILED A SUIT FOR DECLARATION OF TITLE AND POSSESSION OF CERTAIN PROPERTY , CLAIMING RIGHTS OVER IT AGAINST "B" IN A COURT OF LAW. AGAIN "A" OR "B" SHOULD NOT FILE THE SAME SUIT IN ANOTHER COURT OR IN THE SAME COURT. IF FILED THE LATER SUIT IS TO BE STAYED BY THE COURT IN WHICH THE LATER SUIT IS FILED , TILL THE DISPOSAL OF FIRST SUIT. THEN IT IS CALLED AS RES-SUB-JUDIE UNDER SEC.10 OF C.P.C. IF THE FIRST SUIT IS DECIDED ALREADY, AGAIN EITHER THE "A" OR "B" CAN NOT FILE ANOTHER SUIT ON THE SAME SUBJECT IN THE SAME COURT OR ANOTHER COURT. THEN IT IS CALLED AS RES-JUDICATA UNDER SEC.11.