Find out the correct statement regarding the plea of res judicata ndash ........

Civil Procedure Code (CPC) 1908 Res Subjudice and Resjudicata

Find out the correct statement regarding the plea of res judicata –

The party may not waive the plea of res judicata because the provisions given under section 11 CPC are mandatory.

The provisions of section 11 CPC are mandatory and it is well established that the doctrine of res-judicata codified in section 11 CPC is exhaustive and the party may not waive the plea of res judicata.

The doctrine of res-judicata belongs to the domain of procedure and the party may waive the plea of res-judicata. The court may also decline to go into the question of res-judicata on the ground that it has not been properly raised in the proceeding or in issue.

The doctrine of res-judicata belongs to the domain of procedure and therefore, the party may waive the plea of res-judicata but the court shall not decline to go into the question of res-judicata on the ground that it has not been properly raised in the proceedings or in issue.

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Explanation:

It was held by the Hon’ble Apex Court in Sheodan Singh vs. Daryo Kunwar AIR 1966 SC 1332. The court may also decline to go into the questions of res-judicata on the ground that it has not been properly raised in the proceedings or in issue – Daryao vs. State of Uttar Pradesh AIR 1961, SC 1457.