CHAPTER
5
RES SUB-JUDICE, RES JUDICATA AND INHERENT POWERS OF THE COURT
SYNOPSIS 5.1 Res Sub-Judice 5.2 Essentials of Res Sub-Judice 5.2.1 There must be two pending suits 5.2.2 The two suits should be in India or Courts outside India established under the authority of Central Government 5.2.3 The parties must be same in both the suits or claiming under them or litigating under the same title 5.2.4 The matter in issue in the previous suit is directly and substantially in issue in the subsequent suit 5.3 Non-applicability of section 10 5.4 Whether Stay of suit is possible under inherent powers of the Court 5.5 Res Judicata 5.5.1 Two suits 5.5.2 Same parties: The parties must be same in both the suits or claiming under them or litigating under the same title 5.5.3 Matter in issue in both the suits must be directly and substantially the same i. Constructive Res Judicata 5.5.4 The earlier Court should have been competent to try the subsequent suit i. Court of limited jurisdiction 5.5.5 The suits/issues must have been heard and finally decided by the Court 5.6 Does ex parte decision amount to Res Judicata 5.7 Explanation V
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