PRESENTED BY-

AARUSHI JAIN
NAMGAY
PRIYA GARG
INTRODUCTION

In Law of roman , there is maxim “Ex Capito res judicata Which means for Any individual
dispute One decision and one suit is sufficient .
Section 11 of code of civil procedure -if Once a matter is decided finally By the court
which have jurisdiction , then no other party Is allowed
to open it again In any other suit
OBJECTIVES

It is based on three maxims –

• Nemo debet lis vaxari pro eadem causa

• Interest republicae ut sit finis litium
• Re judicata pro veritate occipitur 
FACTORS OF BINDING RESJUDICATA

• Cause identity
• Identity of the thing
• Party identity
• Whether it is final judgement
• Whether parties Was given full opportunity of being heard
ESSENTIALS OF RES JUDICATA

• There must be two suits

• Matter of issue must be directly related to previous issue
• Parties must be same
• Title must be same
• The decision must be given by the court which has jurisdication
• Heard and finally decided
DOES RESJUDICATA APPLY TO WRIT PETITION

• In Daryo Singh v. State of U.P.

 the petitioner has filed a writ petition in High Court of Allahabad under Article 226 and it
was dismissed. He further filled writ petition in Supreme Court under Article 32 of the
constitution for same relief and same ground. The Supreme Court dismissed the petition and
upheld the contention of High Court. Hence the principle will also apply to writ petitions.
that the doctrine of Res Judicata will not apply to a writ of “Habeas Corpus”.
DIFFERENCE BETWEEN RES SUBJUDICE AND
RES JUDICATA
Res subjudice
• It applies to a matter pending trial
• It bars trial of a suit which is pending decision in a previously institute suit.
Res Judicata
• It applies to a matter adjudicated upon
• It bars the trial of a suit or an issue, which has been decided in a former suit.
SATYADHYAN GHOSAL VS. DEORAJIN DEBI

In this supreme court states that when a matter between two parties is decided, either on the
basis of question of fact or question of law and the decision is final, neither party shall be
allowed to pursue the matter again and harass the other party.
EXCEPTION TO RES JUDICATA

• Judgment in original suit obtained by fraud

• Different cause of action
• Court not comptent to decide
• When there is Change in law
• Waiver of Decree of resjudicata
CONCLUSION

•  Section 11 of Civil Procedure Court, 1908 states that court can apply Res Judicata when
he thinks that matter is already decided by the former suit. This doctrine is not only
applied to the Civil courts but also to the administrative law and other legislation in India.
The principle of finality on which plea of res judicata lies is the matter of public policy.
The doctrine of Res Judicata is to prevent multiple judgments and protects the rights of
the other party by restricting the plaintiff to recover the damages twice from the
defendant on the same injury.