Shahid Alam v. Arun Kumar Yadav @ Balmiki Yadav - CPC - Res Judicata

Code of Civil Procedure 1908 - Section 11 -The issue of res judicata is a right which inheres in a person who raises the same, and has to be considered on its own merits- The plea of res judicata has to be taken at the very first instance so as to prevent the misuse and abuse of the process of the Court so that matters already decided are not re-agitated and have to go through the same paraphernalia. Thus, there has to be judicial application of mind to arrive at a decision whether such plea is sustainable. (Para 6) ][Context: In the suit filed, a petition to dismiss the same on the ground of res judicata was filed - It was held that the same would be considered along with the main suit - Allowing appeal, SC remanded back the case to the High Court for fresh consideration on merits, especially with regard to the issue of res judicata. ]