Execution Proceedings-

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  Execution Proceedings (Ss.47, 60, 122 Or.21 Rs.11, 98 & Or.11 R.14):- Executive Proceedings-Executing court must dispose of executive proceedings within six months from date of filing which may be extended only by recording reasons in writing for such delay. This would mean that every effort should be made to dispose of execution petition within said time-limit and executing court should have reasons for not being able to dispose of execution petition. Executing court is duty-bound to record reasons in writing when it is unable to dispose of matter within six months (Bhoj Raj Garg vs Goyal Education & Welfare Society: (2025) 9 SCC-618.
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Res Judicata-Principle-Section 11 C.P.C.:-

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Res Judicata-Principle-Section 11 C.P.C.:-

The doctrine of Res Judicata (meaning "a matter judged") is a core legal principle stating that once a final judgment has been handed down on a case by a competent court, the same parties cannot litigate that exact matter again. This doctrine of res judicata is attracted not only in separate subsequent proceedings but also at the subsequent stage of same proceedings. Such a binding decision cannot be ignored even on principle of per incuriam because that principle applies to precedents and not to doctrine of res judicata (Ramachandra Rao vs Nagabhushana Rao : 2024) 17 SCC-361).

 

Pre-requisites of making  Res Judicata binding are:

1.      There must be a final judgment;

2.      The judgment must be on the merits;

3.      The claims must be the same in the first and second suits;

4.      The parties in the second action must be the same as those in the first, or have been represented by a party to the prior action.

 

 

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