Doctrine of Res Judicata – Meaning and Concept The Doctrine of Res Judicata means “a matter already decided.” It plays a vital role in civil […]
Tag: section 11 CPC
20. A was a trustee of a trust. After A’s death, B wrongfully takes possession of the trust property. C, the son of A files a suit for recovery of possession of the property against B as the legal heir of A in his individual capacity. But C did not succeed. Then C files another suit for recovery of trust property against B in the capacity of the trustee as he was appointed as trustee after the death of A. Whether the second suit is barred by the doctrine of constructive res judicata?
Facts of the Case Issues in the Case Principles Associated with It Judgement
15. Narrate the distinction between doctrines of sub-Judice and Res Judicata.
Doctrine of Sub-Judice: Preventing Simultaneous Trials Sub-Judice prevents courts from trying suits involving the same matter already pending before another competent court. This ensures consistency […]