Code
No Court shall try any suit or issue in which the matter directly and substantially
in issue has been directly and substantially in issue in a former suit between the same parties, or between
parties under whom they or any of them claim, litigating under the same title, in a Court competent to try
such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and
finally decided by such Court.Explanation I.– The expression former suit shall denote a suit which has been decided prior to a
suit in question whether or not it was instituted prior thereto.Explanation II.– For the purposes of this section, the competence of a Court shall be determined
irrespective of any provisions as to a right of appeal from the decision of such Court.Explanation III.–The matter above referred to must in the former suit have been alleged by one
party and either denied or admitted, expressly or impliedly, by the other.Explanation IV.– Any matter which might and ought to have been made ground of defence or
attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.Explanation V.– Any relief claimed in the plaint, which is not expressly granted by the decree,
shall for the purposes of this section, be deemed to have been refused.Explanation VI.– Where persons litigatebona fidein respect of a public right or of a private right
claimed in common for themselves and others, all persons interested in such right shall, for the purposes
of this section, be deemed to claim under the persons so litigating .1[Explanation VII.– The provisions of this section shall apply to a proceeding for the execution of a
decree and references in this section to any suit, issue or former suit shall be construed as references,
respectively, to a proceeding for the execution of the decree, question arising in such proceeding and a former
proceeding for the execution of that decree.Explanation VIII.– An issue heard and finally decided by a Court of limited jurisdiction, competent
to decide such issue, shall operate asres judicatain a subsequent suit, notwithstanding that such Court of
limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been
subsequently raised.]
