CPC 11 Resjudicata applicability to facts decided in Qasi judicial proceedings
2 years ago
In the proceedings before the Controlling Authority under the Payment of Gratuity Act,the ALC after due consideration of all the documents and facts ruled that the Applicant has not committed any fraud or is liable for any loss .The payment of gratuity along with interest ,as directed was complied with by the non applicant without any demur in 2007.Based on the same facts and issue involved in the year 2018 the claim for pension by the same person is sought to be rejected once again raising the bogie of dismissal from service on the grounds of fraud and loss already negated in quasi judicial proceedings.Whether CPC 11,constructive principle of resjudicata applicable.
There are different opinions on the issue because if the grounds are different for challenging the same order on different grounds it cannot be rejected and dubbed as similar proceedings and cannot take shelter under the principle res-judicata.
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Section 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.
Principles of res-judicata means do not disturb what is already settled by the courts. So, in your case, the basic facts and premises has already been decided, hence the Section 11 CPC will be applicable here.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Section 11 of the Civil Procedure Code defines the theory of Res Judicata. The theory of Res Judicata states that the case has already been decided. It means that no court will have the authority to hear any new suit or matter that has previously been resolved in a previous litigation between the same parties. In the present case section 11 would be applicable because prior decision or the gene-ral principle of res judicata is applicable even to quasi-​judicial bodies like the Land
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