Correct option is B
The case of Devilal Modi vs. STO AIR 1965 SC 1150 is a landmark decision by the Supreme Court of India on the doctrine of constructive res judicata. The concept of constructive res judicata, enshrined in Explanation IV of Section 11 of the Code of Civil Procedure (CPC), implies that if a matter that could have been raised in a previous suit was not raised, it is deemed to have been raised and decided. In this case, the Supreme Court applied this doctrine, holding that a party cannot be allowed to agitate the same issue in subsequent litigation if it could have been decided in an earlier proceeding.
Information Booster:
1. Res judicata: Prevents re-litigation of issues that have already been settled by a court of competent jurisdiction.
2. Constructive res judicata: Extends the principle to issues that could have been raised in the earlier litigation but were not.
3. Section 11 CPC: Codifies the doctrine of res judicata and constructive res judicata.
4. Devilal Modi Case: Reinforces that all grounds and issues related to a matter must be brought up in the initial litigation; failing which, they cannot be raised in subsequent cases.
5. Application in Courts: This doctrine ensures finality in litigation and prevents abuse of the judicial process by avoiding multiple suits for the same cause of action.
Additional Information:
· Interlocutory orders: These are temporary orders passed by the court during the pendency of a case, which do not determine the final rights of the parties.
· Stay of Suit (Section 10 CPC): A stay of suit refers to the suspension of judicial proceedings in a case, generally when there is another ongoing suit in a different court involving the same parties and subject matter.
· Place of Suit (Section 20 CPC): This section deals with the jurisdiction of courts concerning the place where a suit may be instituted.
