Dictionary |
res judicata The rule of res judicata enacted in section 11 of the Code of Civil Procedure is based on the principle that a decision once rendered by a competent court on a matter at issue between the parties after a full enquiry should not be permitted to be agitated over again. No court shall try any suit or issue in which the matter directly and substantially at issue has been directly and substantially at 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. |