“CRJ” [Constructive Res Judicata],CPC, 1908
Explanation IV to Section 11 deals with the principle of constructive res-judicata (CRJ). It is a special and artificial form of res-judicata. (MPJ-1993)
Explanation IV provides that any matter which might and ought to have been made ground of defence in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.
The principle underlying under explanation IV is that where the parties have had an opportunity of making something a ground of attack or defence in a suit but such parties have not made it a ground of attack/ defence then it will be deemed that such ground has been raised by the party and finally decided by the court in that suit. For example, A sues B for possession of property o the basis of ownership. The suit is dismissed. A can not thereafter claim possession of property as mortgagee as that ground ought to have been taken in the previous suit as a ground of attack as the same has been barred by CRJ.
Section 12—Bar to further suit—
- Section 12 provides that where a plaintiff is precluded from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this Code applies.
- Section 12 is based on the principle that the defendant should not be twice vexed for one and the same cause of action.
- Relevant Rules: Following rules in the Code bar a further suit in respect of the same cause of action—
– Order II, R.2: Omission to sue in respect of part of a claim.
– Order IX, R.9: Dismissal of the suit on default of the plaintiff.
– Order XII, R.1: Abatement of suit bars fresh suit.
– Order XIII, R.1: Abandonment or withdrawal of suit without leave to institute a fresh suit.
Prepared by teams LegalMines.
