Introduction
Res means “subject matter” and judicata means “adjudged” or decided and together it means
“a matter adjudged”.
Section 11 of Code of Civil Procedure, 1908 (CPC) embodies the doctrine of Res Judicata or
the rule of conclusiveness of a judgment.
It enacts that once a matter is finally decided by a competent court, no party can be permitted
to reopen it in a subsequent litigation.
It serves to prevent multiplicity of proceedings and to protect parties from being vexed twice
for the same cause.
Principles and object of Res Judicata
The doctrine of Res Judicata serves several important objectives in the legal system. These
objectives are based on three underlying maxims:
1. Nemo debet bis vexari pro una et eadem causa: This Latin proverb means “no man
should be vexed twice for the same cause”. The basic goal of Res Judicata is to save the
parties from having to go through endless litigation over the same problem. Once an issue
has been determined definitively by a competent court, the same parties should not be
permitted to re-litigate the same dispute.
2. Interest reipublicae ut sit finis litium: This Latin maxim means “it is in the best
interests of the State to put an end to litigation”. The Res Judicata concept enhances
judicial efficiency and the finality of rulings. It guarantees that disagreements are settled
definitively, lowering the pressure on the legal system and eliminating unnecessary and
time-consuming litigation.
3. Res judicata pro veritate occipitur: This Latin proverb translates as “a matter
adjudged is accepted as correct”. Res Judicata creates a presumption of validity and
finality for decisions made by competent courts. The court’s judgements are said to be
founded on a thorough assessment of the facts and law, and they should not be readily
reversed.
Conditions or essentials to impose Res Judicata
If specific criteria, as outlined in Section 11 of the Code of Civil Procedure, 1908, are
satisfied, the theory of Res Judicata works as a bar on a court’s jurisdiction to try a claim.
The following requirements must be met in order to establish Res Judicata as a legitimate
defense in a future suit:
1. Same Matter in Issue: The matter directly and substantially in issue in the succeeding
suit must be the same as the matter directly and substantially in issue in the previous suit,
either actually or constructively.
2. Same parties: The prior litigation must have been between the same parties or parties
claiming under them. This implies that the parties in the second litigation must be the
same as the parties in the preceding suit or claim filed under the same title.
3. Litigating Under the Same Title: The parties in the first complaint must have been
litigating under the same title as they are in the second. In other words, in both
circumstances, they should have the same legal interest in the subject matter.
4. Competent Court: The court that resolved the previous suit must be competent to hear
the future suit or suit involving the same subject. This assures that the previous suit’s
ruling was made by a court with competent jurisdiction.
5. Final Decision: The court in the prior litigation must have heard and eventually
determined the topic immediately and significantly in question in the following suit. Res
Judicata must be used after a final judgement on the merits of the case.
It is vital to highlight that the concerned party must raise the Res Judicata defense in the later
complaint. If a party fails to raise the Res Judicata issue, or if the trial court fails to outline
such an issue and the appeal court raises it on its own, such invocation of the concept may be
deemed improper. Res Judicata can only be considered by the court if it is raised by the
parties involved in the case.
Exceptions to the Plea of Res Judicata
1. Judgment in original suit obtained by the fraud – if a court thinks that the judgment of
former suit is obtained by the fraud, then the doctrine of the res judicata is not applied.
2. When previous SLP is dismissed: When special leave petition is dismissed without
adjudication or decision then res judicata should not be applied. For obtaining Doctrine of
Res Judicata, the formal suit should be decided finally by the competent court.
3. A different cause of action: Section 11 will not be applied when there is a different
cause of action in the subsequent suits. The court cannot bar a subsequent suit if it
contains the different cause of action.
4. When there is Interlocutory Order : Interlocutory order is the interim order, decree or
sentence passed by the court. A principle of the Res Judicata will be not applied when an
interlocutory order is passed on the former suit. It is because in Interlocutory order
immediate relief is given to the parties and it can be altered by subsequent application and
there is no finality of the decision.
5. Waiver of a decree of Res Judicata : Decree of Res Judicata is a plea in the bar which
party must waive. If a party did not raise the plea of res judicata then the matter will be
decided against him. It is the duty of an opposite party to make the court aware about the
adjudication of matter in former suit. If a party fails to do so, the matter is decided against
him.
6. Court not competent to decide: When the former suit is decided by the court who has
no jurisdiction to decide the matter then the doctrine of res judicata is not applied to the
subsequent suit.
7. When there is a change in Law : When there is a change in the law and new laws bring
new rights to the parties then such rights are not barred by Section 11.
Case laws : Refer book and copy.
Conclusion
The doctrine of Res Judicata seeks to avoid the issuing of numerous judgments on the same
subject and protects the interests of all parties concerned by prohibiting the plaintiff from
receiving damages from the defendant for the same injury twice. The legal system maintains
speed, impartiality, and consistency in the settlement of disputes and litigation by employing
res judicata.
