Res Judicata And Concept Of Rejection Of Plaint

Article by Vijay Pal Dalmia, Advocate, Supreme Court of India and Delhi High Court, Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, India
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The concept of "Res Judicata" has evolved from English common law and since then it has been defined and interpreted through various judicial pronouncements. Before moving forward it is important to understand the concept of Res Judicata which is explained under Section 11 of the Code of Civil Procedure 1908. As per Section 11 of CPC 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 a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and