AIR 1976 SUPREME COURT 1645 ::1976 3 SCC 528 ::1976 UJ (SC) 550 ::1976 (2) KantLJ 80 ::1976 (1) SCWR 484

Supreme Court Of India

(From: Kerala)*

Hon'ble Judge(s): Y. V. Chandrachud, V. R. Krishna Iyer, N. L. Untwalia , JJJ

Civil P.C. (5 of 1908) , S.11— Res judicata - Essentials for applicability. S. A. No. 1190 of 1965, D/- 8-4-1971 (Ker), Reversed. By Section 11, 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 and has been heard and finally decided. Explanation I to the section provides that the expression "former suit" shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto. The only other aspect of the rule of res judicata which must be borne in mind is that it is not enough to constitute a matter @page-SC1646 resjudicata that it was in issue in the former suit. It is further necessary that it must have been in issue directly and substantially. And a matter cannot be said to have been "directly and substantially" in issue in a suit unless it was alleged by one party and denied or admitted, either expressly or by necessary implication, by the other.(Para 15) The appellant and respondent were two adjacent owners of lands. They filed two suits in respect of right to catch prawns on their respective lands. The trial Court decreed the appellant's suit partly by holding that the respondents had not acquired any ....