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

RES-JUDICATA = ONE SUIT DISPOSED OFF AND ANOTHER IS PENDING OR FILED SUBSEQUENTLY; BETWEEN SAME PARTIES OR SUCCESSORS-IN-TITLE ; SAME ISSUES IN BOTH MATTERS ;

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

STAY OF SUIT AS IT IS RES-SUB-JUDIE = SAME ISSUE; PENDING;BETWEEN SAME PARTIES OR ANY OTHER UNDER THEM; SHALL NOT PROCEED WITH TRIAL:

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

RES-JUDICATA SEC.11 :-NO COURT SHALL TRY ANY SUIT OR ISSUE IN WHICH THE MATTER DIRECTLY AND SUBSTANTIALLY IN ISSUE HAS BEEN DIRECTLY AND SUBSTANTIALLY IN ISSUE IN FORMER SUIT BETWEEN THE SAME PARTIES OR BETWEEN PARTIES UNDER WHOM THEY OR ANY OF THEM CLAIM, LITIGATING UNDER THE SAME TITLE, INA COURT COMPETENT TO TRY SUCH SUBSEQUENT SUIT OR THE SUIT IN WHICH SUCH ISSUE HAS BE SUBSEQUENTLY RAISED AND HAS BEEN HEARD AND FINALLY DECIDED BY SUCH COURT. EXPLANATION-I:- THE FORMER SUIT MEANS A SUIT WHICH HAS BEEN DECIDED PRIOR TO THE SUIT IN QUESTION WHETHER OR NOT IT WAS INSTITUTED PRIOR THERETO. EXPLANATION-II:-FOR THE PURPOSES OF THIS SECTION, THE COMPETENCE OF THE COURT SHALL BE DETERMINED IRRESPECTIVE OF ANY PROVISIONS AS TO A RIGHT OF APPEAL FROM THE DECISION OF SUCH COURT. EXPLANATION-III:- THE MATTER ABOVE REFERRED TO MUST IN THE FORMER SUIT HAVE BEEN ALLEGED BY ONE PARTY AND EITHER DENIED OR ADMITTED, EXPRESSLY OR IMPLIEDLY, BY THE OTHER. EXPLANATION-IV:- ANY MATTER WHICH MIGHT AND OUGHT TO HAVE BEEN MADE GROUND OF DEFENSE OR ATTACK IN SUCH FORMER SUIT SHALL BE DEEMED TO HAVE BEEN A MATTER DIRECTLY AND SUBSTANTIALLY IN ISSUE IN SUCH SUIT . EXPLANATION-V:- ANY RELIEF CLAIMED IN THE PLAINT , WHICH IS NOT EXPRESSLY GRANTED BY THE DECREE, SHALL, FOR THE PURPOSES OF THIS BE DEEMED TO HAVE BEEN REFUSED. EXPLANATION-VI:- WHERE PERSONS LITIGATE BONA FIDE IN RESPECT OF A PUBLIC RIGHT OR OF A PRIVATE RIGHT CLAIMED IN COMMON FOR THEMSELVES AND OTHERS, ALL PERSONS INTERESTED IN SUCH RIGHT SHALL, FOR THE PURPOSES OF THIS SECTION, BE DEEMED TO CLAIM UNDER THE PERSONS SO LITIGATING. EXPLANATION-VII:-THE PROVISIONS OF THIS SECTION SHALL APPLY TO A PROCEEDING FOR THE EXECUTION OF A DECREE AND REFERENCES IN THIS SECTION TO ANY SUIT, ISSUE OR FORMER SUIT SHALL BE CONSTRUED AS REFERENCE'S RESPECTIVELY, TO A PROCEEDING FOR THE EXECUTION OF THE DECREE,QUESTION ARISING IN SUCH PROCEEDING AND A FORMER PROCEEDING FOR THE EXECUTION OF THAT DECREE. EXPLANATION-VIII:- AN ISSUED HEARD AND FINALLY DECIDED BY A COURT OF LIMITED JURISDICTION, COMPETENT TO DECIDE SUCH ISSUE , SHALL OPERATE AS RESJUDICATA IN A SUBSEQUENT SUIT, NOTWITHSTANDING THAT SUCH COURT OF LIMITED JURISDICTION WAS NOT COMPETENT TO TRY SUCH SUBSEQUENT SUIT OR THE SUIT IN WHICH SUCH ISSUE HAS BEEN SUBSEQUENTLY RAISED.

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

1. 1. SEC.10 CIVIL PROCEDURE CODE AND SEC.11 CIVIL PROCEDURE CODE DEALS WITH THE ABOVE SAID TITLE. 2. RES-SUB-JUDIE :- NO COURT SHALL PROCEED WITH THE TRIAL OF ANY SUIT IN WHICH THE MATTER IN ISSUE IS ALSO DIRECTLY AND SUBSTANTIALLY IN ISSUE IN A PREVIOUSLY INSTITUTED SUIT BETWEEN THE SAME PARTIES OR BETWEEN PARTIES UNDER WHOM THEY OR ANY OF THEM CLAIM LITIGATING UNDER THE SAME TITLE WHERE SUCH SUIT IS PENDING IN THE SAME OR ANY OTHER COURT IN INDIA, HAVING JURISDICTION TO GRANT THE RELIEF CLAIMED, OR IN ANY COURT BEYOND THE LIMITS OF INDIA ESTABLISHED OR CONTINUED BY THE CENTRAL GOVERNMENT AND HAVING LIKE JURISDICTION OR BEFORE THE SUPREME COURT. POINTS FOR CONSIDERATION A]. TWO SUITS MUST BE IN PENDING B].PARTIES IN BOTH SUITS MUST BE ONE AND THE SAME OR BY THEIR SUCCESSORS-IN-INTEREST C].ISSUES IN BOTH SUITS MUST BE ONE AND SAME D].BOTH SUITS MUST BE IN INDIA BUT NOT IN FOREIGN COURT WHERE CIVIL PROCEDURE CODE NOT APPLICABLE E]. PENDING OF SUIT MAY BE IN THE SAME COURT OR IN DIFFERENT COURTS SITUATED IN INDIA. THEN THE COURT SHALL NOT PROCEED WITH THE TRAIL OF ANY SUIT, PENDING DISPOSAL OF PREVIOUS SUIT AND STAY ALL THE PROCEEDINGS OF THE LATER SUIT.

HINDU MARRIAGE ACT 1956

SEC.16 DEALS WITH THE FATE OF CHILDREN OF VOID AND VOIDABLE MARRIAGES. THEY ARE ENTITLED TO A SHARE ONLY IN THE SELF ACQUIRED PROPERTIES OF PARENTS BUT NOT ANCESTRAL PROPERTIES AS CO-PARCENER, SEC.17 AND SEC.18 DEALS WITH THE PUNISHMENTS OF BIGAMY AND CHILD MARRIAGE RESTRAINT ACT.