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| BALVEER SINGH V/ S KISHANLAL AGRAWAL 2000(1) VI BHA 34 The principle of res judicata applies only in a case where between the same parties same issue has been raised and decided finally in one suit and the same point is again taken in the second suit on the same facts, only then it will be barred by res judicata In this case the eviction suit was dismissed on ground of disclaimer whereas the second suit was filed on grounds of nonpayment of rent, and bona fide requirement and therefore was maintainable
SAJJADANASHIN BY Lr'S V/S MUSA DADA BHAI UMER AIR 2000 S.C.1238 The words used in section 11 CPC are "directly and substantially in issue". If the matter was in issue directly and substantially in a prior litigation and decided against a party then the decision would be res judicata in a subsequent proceeding. The test to determine whether the issue was directly and substantially in issue is that if the issue was "necessary" to be decided for adjudicating on the principal issue and was decided, it would have to be treated as "directly and substantially" in issue, and if it is clear that the judgment was in fact based upon that decision, then it would be res judicata in a later case. One has to examine the plaint, the written statement, the issues and the judgment to find out if the matter was directly and substantially in issue. It is not to be assumed that matters in respect of which issues have been framed are all of them directly and substantially in issue. Which of the matters are directly in issue and which was incidentally, must be determined on the facts of each case. The material test to be applied is whether the court considers that the adjudication of the issue material and and essential for its decision.
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Copyright © 2001 rajeev bhatjiwale
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