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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part I: Suits In General

Section 11 CPC: Res judicata

Bare Act text

11. Res judicata.—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, 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.

Explanation I.—The expression “former suit” shall denote a suit which has been decided prior to a suit in question whether or not it was instituted prior thereto.

Explanation II.—For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.

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.

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.

Explanation V.—Any relief claimed in the plaint, which is not expressly granted by the decree, shall for the purposes of this section, be deemed to have been refused.

Explanation VI.—Where persons litigate bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the persons so litigating.

[Explanation VII.—The provisions of this section shall apply to a proceeding for the execution of a decree and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a proceeding for the execution of the decree, question arising in such proceeding and a former proceeding for the execution of that decree.

Explanation VIII.—An issue heard and finally decided by a Court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been subsequently raised.]

Amendment notes

  1. Ins. by Act 104 of 1976, s. 6 (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

No Court shall try a suit or issue in which the matter directly and substantially in issue was directly and substantially in issue in a former suit between the same parties, or parties claiming under them under the same title. The former suit must have been decided by a Court competent to try the later suit, and the matter must have been heard and finally decided. The Explanations clarify terms such as former suit and competence, require that the matter was alleged by one party and denied or admitted by the other, and treat matters that might and ought to have been raised as decided.

Part I: Suits In General

  1. 9 Courts to try all civil suits unless barred
  2. 10 Stay of suit
  3. 11 Res judicata
  4. 12 Bar to further suit
  5. 13 When foreign judgment not conclusive
  6. 14 Presumption as to foreign judgments
  7. 15 Court in which suits to be instituted
  8. 16 Suits to be instituted where subject-matter situate
  9. 17 Suits for immovable property situate within jurisdiction of different Courts
  10. 18 Place of Institution of suit where local limits of jurisdiction of Courts are uncertain
  11. 19 Suits for compensation for wrongs to person or movables
  12. 20 Other suits to be instituted where defendants reside or cause of action arises
  13. 21 Objections to jurisdiction
  14. 21A Bar on suit to set aside decree on objection as to place of suing
  15. 22 Power to transfer suits which may be instituted in more than one Court
  16. 23 To what Court application lies
  17. 24 General power of transfer and withdrawal
  18. 25 Power of Supreme Court to transfer suits, etc
  19. 26 Institution of suits
  20. 27 Summons to defendants
  21. 28 Service of summons where defendant resides in another State
  22. 29 Service of foreign summonses
  23. 30 Power to order discovery and the like
  24. 31 Summons to witness
  25. 32 Penalty for default
  26. 33 Judgment and decree
  27. 34 Interest
  28. 35 Costs
  29. 35A Compensatory costs in respect of false or vexatious claims or defences
  30. 35B Costs for causing delay
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