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Explanations I to VIII|Constructive Res Judicata(Exp. IV)| Res Judicata(Section 11 CPC)@Vshala_4927
What if you forgot to make a claim in your first lawsuit? Can you file a new one?
Does a judgment in a representative suit bind you personally?
The answers lie in the Explanations of Section 11 CPC (Res Judicata).
This lecture decodes these complex rules. We explore every single explanation, from what constitutes a "former suit" (Exp. I) to the application of Res Judicata in execution proceedings (Exp. VII).
🌟 SPECIAL FOCUS: A major part of this lecture is dedicated to Explanation IV: Constructive Res Judicata—the "might and ought" rule. We will explore landmark cases like State of U.P. vs. Nawab Hussain to make this concept crystal clear.
In this video, we will cover:
Explanation I: What counts as a "former suit"? (Hint: It's about the date of decision, not filing).
Explanation II: The "competence of the Court" requirement.
Explanation III: What does "matter alleged" mean? (Matters admitted vs. denied).(Actual Res Judicata)
Explanation IV (Constructive Res Judicata): The 'might and ought' rule. What happens when you should have raised a point but didn't?
Explanation V: When "relief claimed but not granted" is deemed refused.
Explanation VI: Representative Suits (like Order 1, Rule 8) and how Res Judicata binds the public.
Explanation VII: The application of Res Judicata to Execution Proceedings.
Explanation VIII: Judgments from a Court of "Limited Jurisdiction" (e.g., Small Causes Court) and their effect.
This comprehensive analysis is useful and must -watch lecture for law students, legal professional, judiciary aspirants, students pursuing LL.B., BA LL.B. and other legal competitive exams. Watch to enhance your knowledge of law and if you feel my way of explanation is appreciable then please appreciate me in comment section and subscribe to my channel VIDHI SHALA for encouragement so that I can upload more such videos and even if you feel some improvement is required then also you can give feedback in comment section.
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