Beruflich Dokumente
Kultur Dokumente
(Section 11)
1. INTRODUCTION:
2. ESSENTIALS / CONDITIONS:
A. Matter Directly and Substantially in Issue in Former & Subsequent Suit are Same
i. Matter in Issue
a. Matter:
Meaning
Matter means necessary facts
Nature of Matter:
Alleged by either party which was either admitted or denied by other party
Expressly or Impliedly:
Explanation III
Matter in Issue must be same. Subject Matter, Cause of action and relief
can be different
b. Issue:
Meaning
Material Point in Dispute
Kinds of Issues:
Issues of Fact
Issues of Law
Matters for which relief has been sought are matters which are directly and
substantially in issue.
Judgment will stand or not if decision is not given on that matter
Actual:
Explanation III
The matter above referred to must in the former suit have been alleged by one
party and either denied or admitted, expressly, or impliedly by the other.
This is called ACTUAL RES-JUDICATA
Constructive
Explanation – IV
Any matter which might and ought to have been made ground of defence or
attack in such former suit shall be deemed to have been a matter directly and
substantially in issue -in such suit.
This is called CONSTRUCTIVE RES-JUDICATA
5. APPLICATION:
7. CONCLUSION:
Avoid multifariousness