Code of Civil Procedure, 1908–Sec. 11–Res-judicata–Five constituent elements–
(i) The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in the former suit,
(ii) The former suit must have been a suit between the same parties or between parties under whom they or any of them claim,
(iii) The parties must have litigated under the same title in the former suit,
(iv) the Court which decided the former suit must be a court competent to try subsequent suit or the suit in which such issue is subsequently raised, and
(v) The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the Court in the first suit.
Sri Gangai Vinayagar Temple & Anr. vs. Meenakshi Ammal & Ors. – (SC)
₹30.00 ₹3.00


