Discuss the provision of Civil Procedure Code, 1908 which prevents multiplicity of suits in respect of same cause of action.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2021
Discuss the provision of Civil Procedure Code, 1908 which prevents multiplicity of suits in respect of same cause of action.
Answer & Explanation:
Section 11 of the Code of Civil Procedure 1908, deals with the doctrine of Res Judicata that is, bar or restraint on repetition of litigation of the same issues. It is a pragmatic principle accepted and provided in law that there must be a limit or end to litigation on the same issues. The doctrine underlines the general principle that no one shall be twice vexed for the same cause. For the applicability of the principle of res judicata embodied in Section 11, the following requirements are necessary: The matter directly and substantially in issue in former suit shall also be directly and substantially in issue in latter suit. The issue or the suit itself is heard and finally decided, then it operates as res judicata. Such former suit and the latter are between the same parties or litigation under the same title or persons claiming under parties above.
Topics: Civil Procedure Code
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