For the application of Res judicata ndash i The identity of the subject matter involved in the ...........

Civil Procedure Code (CPC) 1908 Res Subjudice and Resjudicata

For the application of Res-judicata –

(i) The identity of the subject-matter involved in the two cases and not the identity of title in the two litigations.

(ii) The identity of title in the two litigations and not the identity of the subject-matter involved in the two cases.

(iii) The term ‘same title’ has nothing to do either with the cause of action or with the subject matter of two suits.

(iv) Where the right claimed in both the suits is the same, the subsequent suit will be barred even though the right in the subsequent suit is sought to be established on a ground different from the one in the former suit.

(v) Where the right claimed in both the suits is the same, the subsequent suit will not be barred if the right in the subsequent suit is sought to be established on a ground different from the one in the former suit.

(i), (iii), (v)

(ii), (iii), (v)

(ii), (iii), (iv)

(i), (ii), (v)

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Explanation:

It is the identity of title in the two litigations and not the identity of the subject matter involved in the two cases – [Ram Gobinda vs. Bhaktabala (1971) I SCC 387]. The suit will be barred even though the right in the subsequent suit is sought to be established on a ground different from the one in the former suit – [Union of India vs. Pramod Gupta (2005) 12 SCC I].