- General principles of res judicata can be made applicable by Courts where the C.P.C. is not applicable because disputes once decided must attain finality at some stage — Whereas S.11 of the Code is not applicable general principles of res judicata be applied with care and technicalities avoided — Principle of statutory res judicata or general res judicata aplicable only if issues tried and finally decided. Said Muhammad v. Karam Dad and 5 others 1999 SCR 97 (B)