https://www.taxtmi.com/caselaws?id=306605 Res judicata under section 11 CPC applies only when the earlier proceeding has finally decided the same matter directly and substantially in issue. A dismissal that rests only on an asserted res judicata bar, without determining the substantive questions of ownership or possession, does not amount to a final adjudication of the real dispute. Where the same matter is already pending in appeal, the proper course is to await that decision rather than treat the earlier provisional dismissal as creating an operative bar. The objection therefore failed, and the appeal remained open for hearing on merits. en-us Thu, 20 Oct 1955 00:00:00 +0530 Mon, 13 Feb 2023 16:01:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=306605 Res judicata under section 11 CPC applies only when the earlier proceeding has finally decided the same matter directly and substantially in issue. A dismissal that rests only on an asserted res judicata bar, without determining the substantive questions of ownership or possession, does not amount to a final adjudication of the real dispute. Where the same matter is already pending in appeal, the proper course is to await that decision rather than treat the earlier provisional dismissal as creating an operative bar. The objection therefore failed, and the appeal remained open for hearing on merits. Case-Laws Indian Laws Thu, 20 Oct 1955 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=306605