https://www.taxtmi.com/caselaws?id=272509 An ex parte decree, if passed on due service and not set aside, can operate as res judicata under Section 11 CPC. The doctrine applies where the matter in the subsequent suit was directly and substantially in issue in the former suit, the earlier decision was final, and the parties or their privies litigated under the same title. Here, the purchaser claimed through the original owner against whom the ex parte decree had been passed, the later suit concerned the same property and title, and no fraud or collusion was pleaded. The earlier decree therefore barred the subsequent suit. en-us Fri, 24 Aug 2007 00:00:00 +0530 Mon, 07 May 2018 10:37:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=272509 An ex parte decree, if passed on due service and not set aside, can operate as res judicata under Section 11 CPC. The doctrine applies where the matter in the subsequent suit was directly and substantially in issue in the former suit, the earlier decision was final, and the parties or their privies litigated under the same title. Here, the purchaser claimed through the original owner against whom the ex parte decree had been passed, the later suit concerned the same property and title, and no fraud or collusion was pleaded. The earlier decree therefore barred the subsequent suit. Case-Laws Indian Laws Fri, 24 Aug 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=272509