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Doctrine of Res Judicata
Doctrine of Res Judicata
Roll # 48045
Subject : CPC
Subject teacher : Sir Arif
Assignment Topic: Doctrine of Res Judicata .
INTRODUCTION
The common Law doctrine of Res Judicata gives respect and finality to the
Judicial decisions: This doctrine has been incorporated in section 11, of C P.C.
based on the general rule, that man shall not be twice vexed, for the same
cause. The bar of Res Judicata contained in section 11 would be fully attracted
when matter involved in second suit was the same as involved in previous
litigation up to High Court.
2. RELEVANT PROVISIONS
Following are the relevant provision of C.P.C regarding the topic of Res Judicata.
(I) Section 11 of C.P.C
(II) Cross Reference
(i) Section 151 of C.P.C
(ii) Section 403 Cr.P.C.
4. DEFINTITION OF RESJUDICATA
(I) According to Spencer Sower:
Res judicata means final judicial decision pronounced by a judicial tribunal
having competent jurisdiction over the cause or matter in litigation and over the
parties thereto".
"From the variety of cases relative to judgments being given in evidence in civil
suit, these two deduction seems to follow as generally true.
Firstly: Judgment, of a Court of concurrent jurisdiction, directly upon a point is
conclusive between the same parties upon the same matter directly in question
in another Court.
•A verdict against a man suing in one capacity will not stop him when he sues
in another capacity. Thus where a suit is brought by a person for possession of
math property in the mi capacity of an heir of the deceased mahant but the suit
fails because of his failure to establish heir ship, he is not debarred to bring
another suit in the capacity of manager of the math property.
• The title of a property has nothing to do with the subject matter of the suit, or
the cause of action. All that is to be seen that the matters directly and
substantially in issue must be the same in both suits where the parties to the
former suit and the subsequent suit are the same but they are not legitimating
under the same title, the decision in the former suit will not be Res Judicata in
the subsequent suit.
• The term res judicata indicates that the matter has already been adjudicated
upon in a former suit. A matter will be res judicata only if it has been heard and
finally decided.
• There must be final decision of the matter. It is not sufficient for the
applicability of this doctrine that the matter was directly and substantially in
issue. It is of the very essence that such matter was heard and finally decided. A
matter cannot be said to have been heard and finally decided unless the finding
on the issue was necessary for the determination of the suit and finding cannot
be said to be necessary to the decision unless the appeal lies against the finding.
•A long as a matter is pending adjudication, a court may very its earlier orders,
but the parties cannot be allowed to reopen such matter, but a court having
finally decided a matter, cannot reopen the same at a large stage of the
proceedings.
(II) EXCEPTIONS
Following are the exceptions to the doctrine of constructive Res Judicata:
(i) Where pleas are barred by law.
(ii) Where pleas need not to be raised in the former suit:
(iii) The pleas raised but not decided by the Court.
(iv)Where the matter is not in issue actually or constructively.
15. CONCLUSION
To conclude that Justice requires that every cause should be once fairly tried
and public tranquility demands that having been tried once all litigation about
that cause should be concluded forever between those parties. Whenever there
is a judgment by a competent court inter-parties, it will prevent a fresh suit
upon the same matter. Res Judicata as inserted under section 11 of C.P.0 is of
great importance, because by applying this doctrine the sanctity and
conclusiveness is given to the decisions of the court, and the law becomes more
certain. This doctrine is applicable only in civil cases, while in criminal law
parallel to this doctrine, is doctrine of dual Jeopardy. The doctrine of res
judicata is of universal application and intact a fundamental concept in the
organization of every judicial system.