Civil Procedure Code

Ans: As provided by the section in 148A clause 5, the caveat stays in force for a period of 90 days. If within these 90 days an application is filed, then the court as well as the applicant, has to give a notice to the caveator. However, if no caveat is filed within these 90 days, then no one has the duty to inform the caveator, i.e. if the application is filed after the expiration of such period the caveat stands null and void. If the caveator still wants to be informed then a fresh caveat needs to be lodged for the next 90 days.

Ans: In simple words, a caveat is a right given to a person in civil proceedings to avoid ex-parte orders or judgments. For example, X is the owner of the land and he wants to build a house on the same land, for which he even got permission from the municipality. However, Mr. Y, a neighbour of X, is not happy with his decision and claims that a part of the land where the construction is going to be done belongs to him. Now Mr. X being a wise man anticipates that Y may file an application. Thus he files a caveat against Y in a competent suit, praying the court to give him a notice when any such application is made by Y. Lodging of such caveat made X entitled to be informed by the court as well as Mr. Y about any application that is made or is about to be made and any order passed by the court without giving such a notice would be void. The right to lodge caveat is mentioned under section 148A of civil procedure code. 

Ans: A decree is passed by the court under the Code of Civil Procedure (hereinafter referred to as CPC) to decide the ripghts and liabilities of the persons in a matter of controversy. The person in whose favour a decree is passed is called decree-holder and against whom the decree is passed is judgement de btor. According to section 2(10) of civil procedure code, "judgment-debtor" means any person against whom a decree has been passed or an order capable of execution has been made. Decree holder is mentioned under section 2(3) of civil procedure code whereas Judgement Debtor is mentioned under section 2(10) of civil procedure code.  

Ans:  There are certain cases where the doctrine of res sub judice is not applicable. These are as follows: When the claims in each suit are unique from one another. When there are both common and unique issues, then this rule does not apply. When there are different issues between the same parties.  All of the issues from the earlier suit don’t have to be raised in the later litigation for Section 10 to be applicable.

  Ans: Exceptions of Res judicata :  The doctrine of res judicata restricts the parties from re-filing the litigation procedure, but there are certain circumstances when this doctrine is not applicable. When the decree and order have been obtained by committing fraud and misrepresentation of the facts or issues. When the judgment is not pronounced on the merits. When the special leave petition was dismissed without making a proclamation or determination of the judgment. When the subsequent lawsuits have a different cause of action. If a later lawsuit has a separate cause of action, the court cannot dismiss it. When the court did not have competent jurisdiction in the former suit. When there is a question of law. When an interlocutory order had been passed in a former suit. If there is any amendment to an existing law that grants new rights to the party then the doctrine will not apply. When the suit was dismissed by default. If the party does not raise a plea for res judicata....

Ans: Exceptions of Res judicata :  The doctrine of res judicata restricts the parties from re-filing the litigation procedure, but there are certain circumstances when this doctrine is not applicable. When the decree and order have been obtained by committing fraud and misrepresentation of the facts or issues. When the judgment is not pronounced on the merits. When the special leave petition was dismissed without making a proclamation or determination of the judgment. When the subsequent lawsuits have a different cause of action. If a later lawsuit has a separate cause of action, the court cannot dismiss it. When the court did not have competent jurisdiction in the former suit. When there is a question of law. When an interlocutory order had been passed in a former suit. If there is any amendment to an existing law that grants new rights to the party then the doctrine will not apply. When the suit was dismissed by default. If the party does not raise a plea for res judicata.

Ans:  Section 10 declares that no court shall proceed with trial of any suit in which matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and the court before which the previously instituted suit is pending is competent to grant the relief sought.  The term ‘res’ means matter, and ‘sub judice’ means under consideration. Hence, the doctrine means a matter which is still under consideration. Section 10   of the CPC says that no court can initiate such proceedings between the same parties and the same issues which were directly or subsequently in question in the previous suit if the previous suit is still pending in the competent court.