AIR 2000 RAJASTHAN 228 ::2000 (2) RajLR 616 ::2000 (2) RajLW 757

Rajasthan High Court

Hon'ble Judge(s): Rajesh Balia , J

(A) Civil P.C. (5 of 1908) , S.11— (as amended by Act of 1976) - Pending proceedings - Initiated before amendment - Still it is governed by S. 11. (Para 10) (B) Civil P.C. (5 of 1908) , S.11— Res judicata - S. 11 as amended (excluding explanation VIII) envisages judgment in former suit would operate as res judicata provided Court deciding said suit was competent to try subsequent suit by virtue of its pecuniary jurisdiction and subject matter - Territorial jurisdiction to decide subsequent suit - Not necessary. Section 11 as amended (excluding Explanation VIII) envisages that the judgment in a former suit would operate as a res judicata if the Court which decided the said suit was competent to try the same by virtue of its pecuniary jurisdiction and the subject matter to try the subsequent suit and that it is not necessary that the said Court should have had territorial jurisdiction to decide the subsequent suit.(Para 19) (C) Civil P.C. (5 of 1908) , S.11— Res judicata - Question between same parties directly and substantially in subsequent suit - Finding thereon binds parties - Issue arising between them or persons claiming under them - Finding prohibits trial of same once....