Constructive Res Judicata: An Insight into Section 11 of the CPC

Shivendra Pratap Singh


High Court Lucknow


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When you delve into the legal principles that seek to prevent multiplicity of proceedings and ensure the finality of judicial decisions, ‘Res Judicata’ stands out as one of the pivotal doctrines. Embodied in Section 11 of the Civil Procedure Code (CPC), this principle asserts that no individual should be vexed twice over the same cause. In this blog post, we will explore a specific limb of this doctrine: Constructive Res Judicata.

What is Res Judicata?

The term ‘Res Judicata’ translates to ‘a thing adjudicated’. This Latin term represents a legal principle that prevents a lawsuit from being brought again between the same parties on the same subject matter and cause of action, once a competent court has finally determined the matter.

Constructive Res Judicata Explained

While ‘Res Judicata’ is a straightforward concept, ‘Constructive Res Judicata’ is a more expansive interpretation. It posits that if a matter could and should have been a part of the earlier litigation but wasn’t, it cannot be raised in subsequent litigation. Simply put, not only are matters actually litigated precluded from subsequent litigation but also matters that could have been litigated in the earlier proceedings.

Section 11 of the CPC captures this idea, stating that where a party could and should have put forward a particular claim or defense in a prior suit but did not do so, they will be barred from raising it in a subsequent suit.

Why Constructive Res Judicata?

The rationale behind this doctrine is efficiency. Courts aim to prevent the multiplicity of proceedings and the potential inconsistency in judgments. By ensuring that all related claims are litigated at once, the courts seek to streamline the process and reduce the strain on judicial resources.

Illustrative Cases:

  • In the case of Gulabchand Chhotalal Parikh v. State of Gujarat (AIR 1965 SC 1153), the Supreme Court observed that the test to determine if a plea could have been taken in the prior proceedings is whether the plea was relevant to the cause of action in the previous suit.
  • In Satyadhyan Ghosal vs Deorajin Debi (AIR 1960 SC 941), the Supreme Court held that the principle of Res Judicata applies “not only to points upon which the Court was required by the parties to form an opinion and pronounce a judgment but to points which a person litigating in good faith might have brought forward.”

Exceptions to the Rule:

Like all rules, Constructive Res Judicata has its exceptions. Section 11 of the CPC lists certain scenarios where the doctrine doesn’t apply. For instance, if the court that rendered the prior judgment was not competent to try the subsequent suit or the suits, then the doctrine of Res Judicata would not bar the subsequent suit.


The principle of Constructive Res Judicata is not just about legal technicalities; it represents a deep-seated commitment to judicial efficiency and the finality of decisions. It urges litigants to present all their claims and defenses in one go, fostering an environment of comprehensive justice. As always, it’s imperative to consult with a legal professional when navigating the intricacies of this doctrine, especially when applying it to specific cases.