CPC Section 11: Res judicata
Code of Civil Procedure, 1908 · Part 1: Suits in General
11. Res judicata.—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 finally decided by such Court.
Explanation I.—The expression “former suit” shall denote a suit which has been decided prior to a suit in question whether or not it was instituted prior thereto.
Explanation II.—For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.
Explanation III.—The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other.
Explanation IV.—Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.
Explanation V.—Any relief claimed in the plaint, which is not expressly granted by the decree, shall for the purposes of this section, be deemed to have been refused.
Explanation VI.—Where persons litigate bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the persons so litigating . [Explanation VII.—The provisions of this section shall apply to a proceeding for the execution of a decree and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a proceeding for the execution of the decree, question arising in such proceeding and a former proceeding for the execution of that decree.
Explanation VIII. —An issue heard and finally decided by a Court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been subsequently raised.]
Official reference: Government reference hosted by Andhra Pradesh High Court — checked: 1 October 2026.Banaka editorial consolidation of the general central text, with the 2025 postal-service amendments applied. Not an official or certified edition. State/High Court variations, commercial-dispute modifications and prescribed Appendix forms are not consolidated here; consult the source and applicable court rules. Hindi learning guides are original explanations, not a statutory translation.Read the original schedule and amendment notes
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 9. Courts to try all civil suits unless barred
- 10. Stay of suit
- 12. Bar to further suit
- 13. When foreign judgment not conclusive
- 14. Presumption as to foreign judgments
- 15. Court in which suits to be instituted
- 16. Suits to be instituted where subject-matter situate
- 17. Suits for immovable property situate within jurisdiction of different Courts
- 18. Place of Institution of suit where local limits of jurisdiction of Courts are uncertain
- 19. Suits for compensation for wrongs to person or movables
- 20. Other suits to be instituted where defendants reside or cause of action arises
- 21. Objections to jurisdiction
- 21A. Bar on suit to set aside decree on objection as to place of suing
- 22. Power to transfer suits which may be instituted in more than one Court
- 23. To what Court application lies
- 24. General power of transfer and withdrawal
- 25. Power of Supreme Court to transfer suits, etc
- 26. Institution of suits
- 27. Summons to defendants
- 28. Service of summons where defendant resides in another State
- 29. Service of foreign summonses
- 30. Power to order discovery and the like
- 31. Summons to witness
- 32. Penalty for default
- 33. Judgment and decree
- 34. Interest
- 35. Costs
- 35A. Compensatory costs in respect of false or vexatious claims or defences
- 35B. Costs for causing delay