https://www.taxtmi.com/caselaws?id=314487 A prior adjudication conclusively determining heirship to an estate binds the parties and their privies and bars re-litigation of the same matter in issue under Section 11 of the Civil Procedure Code, 1908. The rule of res judicata is one of substance and finality, and it should be applied on the merits of the earlier determination rather than defeated by technical defects in form. Where the record shows that a person participated in the earlier proceedings, omission of that person's name from the formal order does not prevent the earlier decision from operating as a bar. The claim remained barred on that basis. en-us Tue, 19 Nov 1929 00:00:00 +0530 Fri, 14 Jun 2024 16:38:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=314487 A prior adjudication conclusively determining heirship to an estate binds the parties and their privies and bars re-litigation of the same matter in issue under Section 11 of the Civil Procedure Code, 1908. The rule of res judicata is one of substance and finality, and it should be applied on the merits of the earlier determination rather than defeated by technical defects in form. Where the record shows that a person participated in the earlier proceedings, omission of that person's name from the formal order does not prevent the earlier decision from operating as a bar. The claim remained barred on that basis. Case-Laws Indian Laws Tue, 19 Nov 1929 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=314487