CPC 1908 § 11 — Res Judicata

Statutory text (English)

No Court shall try 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 the 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 litigate bona fide in 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.

Source and verification

Source citation: CPC (Act V of 1908) s.11: Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (Act No. V of 1908; portal status 'Under Review'; reflects amendments through the CPC (Amendment) Act, 2023 incl. inserted s.159), p. 15, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 15) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment version…

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