প্রোগ্রাম দেখুন যোগাযোগ

Model answer

Model answer: Res judicata after a dismissed declaration suit

A structured answer applying section 11 of the Code of Civil Procedure, including Explanation IV on constructive res judicata.

Issue

Is Selim’s second suit for recovery of possession barred by res judicata under section 11 of the Code of Civil Procedure, 1908, given that his earlier suit for a declaration of title was dismissed on the merits?

Rule

Section 11 bars a court from trying any suit or issue in which the matter directly and substantially in issue was directly and substantially in issue in a former suit between the same parties, litigating under the same title, in a court competent to try the later suit, where the matter was heard and finally decided. Explanation IV treats any matter that might and ought to have been made a ground of attack or defence in the former suit as having been directly and substantially in issue.

Application

  1. Same matter in issue. The central question in both suits is Selim’s title to the same plot. A suit for possession based on title requires the court to decide title, so the matter is directly and substantially in issue in both.
  2. Same parties. Both suits are between Selim and Jamal.
  3. Same title. Selim sues in his own right in both suits. The change in the source of his title (inheritance in the first suit, gift in the second) does not change the capacity in which he litigates.
  4. Competent court. The second suit is filed in the same court, which was therefore competent to try it.
  5. Heard and finally decided. The first suit was dismissed after a full trial, and no appeal was filed. The decision became final.
  6. Constructive res judicata. The deed of gift was available to Selim during the first suit. It was a ground of attack that he might and ought to have raised to prove his title. Under Explanation IV, it is treated as having been in issue and decided against him.

Conclusion

Every condition of section 11 is met, and Explanation IV prevents Selim from relying on a ground he held back. Jamal should raise res judicata as a preliminary issue. The court is likely to dismiss the second suit as barred.

This is original demonstration content prepared by the De Novo editorial team and is pending legal review. It is not legal advice.