Description
Res judicata – a matter which was in any way required to have been made one of the issues in the previous suit.
- A suit that was settled by the parties and a decree is extracted therefrom conclusively determines the rights of the parties in matters in controversy (p. 8).
- Res judicata – a matter which was in any way required to have been made one of the issues in the previous suit cannot be raised in a subsequent suit. Failure to include it in the previous suit does not mean that it is not and it has not been actually in issue be it directly or substantially. On the contrary, it is deemed to be a matter in issue in the previous suit (p. 12).