Unit I · Civil Procedure Code and Law of Limitation
| Act / instrument | Section | Name |
|---|---|---|
| Code of Civil Procedure, 1908 | 10 | Stay of suit |
| Code of Civil Procedure, 1908 | 11 | Res judicata |
| Code of Civil Procedure, 1908 | 11 Expl. IV | Constructive res judicata |
(1998) 5 SCC 69 · Supreme Court of India
Section 10 stay requires that the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties in a competent court.
AIR 1986 SC 391 · Supreme Court of India
Explanation IV to section 11 applies in public-interest litigation: a ground which might and ought to have been raised is deemed to have been refused.
AIR 1966 SC 1332 · Supreme Court of India
A decision on merits by a competent court operates as res judicata even if an appeal against it was dismissed on a preliminary ground.