Res judicata

Res judicata.-No Court shall try any suit o 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 inwhich such issue has been subsequently

,; prix thereto.

appeal

from the decision of such Court.

Eaplanation 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 N.-Any matter which might and ought to have been made ground of defence or attack

to have been refused.

the purposes of this sction, be deemed to claim under the persons litigating.

EhpZunation W1.-Where a party to a civil suit, sets up or relies on

a pedigree, or on the legitimacy or the genuineness or validity of the adoption ol any person, including himself and the question of such

to c~zim under him. Explanation

VZII.-Where a party to a suit claims certain immovable

property to be his and the Court decides that it is not his, such decision shall be binding on him and those claiming under him, in any future litigation in which he or they claim, as plaintiff or applicant, or plantiffs or applicants, the property

as against a person or persons

in possession or occupation of it. '[Explanation ZX.-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.

jrrdicata in

been subsequently raised.]