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The document discusses the concept of res judicata, which is derived from English Common Law and aims to prevent the relitigation of cases that have already been adjudicated. It highlights the importance of this principle in promoting judicial efficiency and fairness, as well as its application in both civil and criminal legal systems. Additionally, it outlines the prerequisites for res judicata, including a final judgment by a competent court and the prohibition of relitigating the same issues or claims between the same parties.

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8 views

Lec 7 part 1 sec 11

The document discusses the concept of res judicata, which is derived from English Common Law and aims to prevent the relitigation of cases that have already been adjudicated. It highlights the importance of this principle in promoting judicial efficiency and fairness, as well as its application in both civil and criminal legal systems. Additionally, it outlines the prerequisites for res judicata, including a final judgment by a competent court and the prohibition of relitigating the same issues or claims between the same parties.

Uploaded by

bhaveshshrimali011
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Civil Procedure Code 1908

Res Judicata Section 11

Brief history and origin of Res Judicata

•The concept of res judicata has evolved from the English Common
Law System. The Common Law system has been derived from the
overriding concept of judicial consistency.

•Res judicata took its place rst in the Code of Civil Procedure from
Common Law and then into the Indian Legal System.

• If either of the parties in a case approaches the same court for the
judgment of the same issue then the suit will be struck by the doctrine
of res judicata.

• Res judicata plays a role in administrative law as well. It helps to


administer how e ciently the Judiciary works and disposes of the case.

•The doctrine of res judicata becomes applicable where there is more


than one petition led in the same or in some other court of India with
the same parties and same facts.

•The parties involved in a case may le the same suit again just to
harass the reputation of the opposite party and may do to get
compensation twice.

• So to prevent such overloads and extra cases, the doctrine of res


judicata plays a major role and importance in the Code of Civil
Procedure.

• Earlier res judicata was termed as Purva Nyaya or former judgment by


the Hindu lawyers and Muslim jurists according to ancient Hindu Law.
• The countries of the Commonwealth and the European Continent have
accepted that once the matter has been brought to trial once, it must
not be tried again.

• The principle of res judicata is originated from the Seventh


Amendment to the U.S. Constitution. It addresses the nality of
judgments in a civil jury trial.

• Once a court has rendered a verdict in a civil trial, it cannot be


changed by another court except there are very speci c conditions.

Res Judicata meaning

•Res means “subject matter” and judicata means “adjudged” or


decided and together it means “a matter adjudged”.

•In simpler words, the thing has been judged by the court, the issue
before a court has already been decided by another court and between
the same parties. Hence, the court will dismiss the case as it has been
decided by another court.

•Res judicata applies to both civil and criminal legal systems.

• No suit which has been directly or indirectly tried in a former suit can
be tried again.

Res Judicata example

•‘A’ sued ‘B’ as he didn’t pay rent. ‘B’ pleaded for the lessening of rent
on the ground as the area of the land was less than the mentioned on
the lease. The Court found that the area was greater than shown in the
lease. The area was excess and the principles of res judicata will not be
applied.
• In a case, ‘A’ new lawsuit was led in which the defendants
requested that the Court dismiss the lawsuit with a plea of res judicata.
She was barred from bringing a claim of res judicata because her
previous claim was dismissed for fraud. The Court said that the defence
of res judicata must be proved by evidence.

Principle of Res Judicata

•The principle of res judicata seeks to promote the fair administration of


justice and honesty and to prevent the law from abuse.

• The principle of res judicata applies when a litigant attempts to le a


subsequent lawsuit on the same matter, after having received a
judgment in a previous case involving the same parties.

•In many jurisdictions, this applies not only to the speci c claims made
in the rst case but also to claims that could have been made during
the same case.

Pre-requisites for Res Judicata

• Prerequisites of res judicata includes:

• A judicial decision by pro cient court or tribunal, • Final and binding


and

• Any decision made on the merits

• A fair hearing

• Earlier decision right or wrong is not relevant.


Nature and Scope of Res Judicata

•Res judicata includes two concepts of claim preclusion and issue


preclusion.

•Issue preclusion is also known as collateral estoppel. Parties cannot


sue each other again after the nal judgment on the basis of merits has
reached in civil litigation.

•For example, if a plainti wins or loses a case against the defendant in


the case say A, he cannot probably sue the defendant again in case B
based on the same facts and events.

• Not even in a di erent court with the same facts and events.
Whereas in issue preclusion it prohibits the relitigation of issues of law
that have already been determined by the judge as part of an earlier
case.

• The scope has been decided in the case of Gulam Abbas v. State of
Uttar Pradesh. In this case the court incorporated the rules as evidence
as a plea of an issue already tries in an earlier case.

• Judgment of this case was di cult as the judges should apply res
judicata.

• It was decided that res judicata is not exhaustive and even if the
matter is not directly covered under the provisions of the section it will
be considered as a case of res judicata on general principles.
Rationale

•The principle of res judicata is founded upon the principles of justice,


equity, and good conscience and it applies to various civil suits and
criminal proceedings. The purpose of this principle was to inculcate
nality into litigation.

• The is based upon two Roman maxims, “Nemo debet bis vexari pro
uno eteadem”, i.e., no man should be vexed twice over for the same
cause of action and Interest “republical ut sit nis litium”, i.e., it is to the
interest of the State that there should be an end to litigation.

• The maxim looks to the interest of the litigant, who should be


protected from a vexatious multiplicity of suits, for otherwise a man
possessed of wealth and capacity to ght may overawe his adversary
by constant dread to litigation.

• The second maxim is based on the ground of public policy that there
should be an end to litigation.

• Judicial decisions must be accepted as correct, for otherwise if suits


were allowed to be led endlessly for the same cause of action it will be
impossible for existing courts to deal with the overgrowing number of
suits.

• Unlimited or perpetual litigation disturbs the peace of the society and


leads to disorder and confusion.

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