EXTENT AND APPLICABILITY

THIS DOCTRINE OF RES JUDICATA APPLIES TO CIVIL SUITS, EXECUTION

PROCEEDINGS, ARBITRATION PROCEEDINGS, TAXATION MATTERS,
INDUSTRIAL ADJUDICATION, WRIT PETITIONS, ADMINISTRATIVE
ORDERS, INTERIM ORDERS, CRIMINAL PROCEEDINGS, ETC.
 RES JUDICATA AND COLLATERAL ESTOPPEL

RES JUDICATA, LIMITS BOTH THE CLAIMS AND THE ISSUES THAT MAY BE RAISED IN
SUBSEQUENT PROCEEDINGS:
CLAIM PRECLUSION IS THE PRINCIPLE ONCE A CAUSE OF ACTION HAS BEEN
LITIGATED, IT MAY NOT BE RELITIGATED.
• A LOSING OR WINNING PLAINTIFF IS BARRED FROM RE-SUING A WINNING
DEFENDANT ON THE SAME CAUSE OF ACTION.
ISSUE PRECLUSION:ONCE AN ISSUE OF A FACT HAS BEEN DETERMINED IN A
PRECEEDING BETWEEN TWO PARTIES, THE PARTIES MAY NOT RELITIGATE THAT
ISSUE EVEN IN A PRECEEDING ON A DIFFERENT COURSE OF ACTION.
FOR EXAMPLE IF YOU HAS FILED 2 CASES. IF IN ONE CASE MORE THAN ONE ISSUE
IS INVOLVED.SO IF ON ONE ISSUE COURT HAS GIVEN THE JUDGEMENT AND
SUBSEQUENTLY ONE MORE CASE IS FILED. SO ON THE SAME ISSUE NO ANOTHER
JUDGEMENT WOULD BE GIVEN. THE JUDGEMENT OF THE FIRST CASE ISSUE WILL
BE THE SAME FOR THE ANOTHER SIMILAR ISSUE OF CASE 2.THE SAME ISSUE WILL
NOT BE JUDGED BY COURT TWICE. IF THE SAME MATTER COME IN FRONT OF THE
COURT THE JUDGE CAN SAY RES JUDICATA AND CAN WITHDRAW IT. ALSO THE
DEFENDANT CAN TAKE THE DEFENCE OF RES JUDICATA.
 RES JUDICATA AND STARE DECISIS
RES JUDICATA AND STARE DECISIS ARE MEMBERS OF THE SAME FAMILY. BOTH
RELATE TO ADJUDICATION OF MATTERS. BOTH DEAL WITH FINAL DETERMINATION
OF CONTESTED QUESTIONS AND HAVE THE BINDING EFFECT IN FUTURE
LITIGATION. BOTH THE DOCTRINES ARE THE RESULT OF DECISIONS OF A
COMPETENT COURT OF LAW AND BASED ON PUBLIC POLICY.
THERE IS , HOWEVER, DISTINCTION BETWEEN THE TWO. WHEREAS RES JUDICATA
IS BASED UPON CONCLUSIVENESS OF JUDGEMENT AND ADJUDICATION OF PRIOR
FINDINGS, STARE DECISIS RESTS ON LEGAL PRINCIPLES. 
 RES JUDICATA AND WITHDRAWL OF SUIT
ORDER 23, RULE 1 DEALS WITH WITHDRAWL OF SUITS. IT ENACTS THAT WHERE
THE PLAINTIFF WITHDRAWS THE SUIT OR ABANDONS HIS CLAIM WITHOUT THE
LEAVE OF THE COURT, HE WILL PE PRECLUDED FROM INSTITUTING A FRESH SUIT
IN RESPECT OF THE SAME CAUSE OF ACTION.
THE DISTINCTION BETWEEN RES JUDICATA AND WITHDRAWL OF SUIT LIES IN THE
FACT THAT WHILE IN THE FORMER THE MATTER IS HEARD AND FINALLY DECIDED
BETWEEN THE PARTIES, IN THE LATER PLAINTIFF HIMSELF WITHDRAWS OR
ABANDONS HIS CLAIM BEFORE IT IS ADJUDICATED ON MARITS.
• FOR MAKING RES JUDICATA BINDING, SEVERAL FACTORS MUST BE MET UP
WITH:
• IDENTITY IN THE THING AT SUIT; 
• IDENTITY OF THE CAUSE AT SUIT; 
• IDENTITY OF THE PARTIES TO THE ACTION; 
• IDENTITY IN THE DESIGNATION OF THE PARTIES INVOLVED; 
• WHETHER THE JUDGMENT WAS FINAL; 
• WHETHER THE PARTIES WERE GIVEN FULL AND FAIR OPPORTUNITY TO BE
HEARD ON THE ISSUE.
• RES JUDICATA AS A CONCEPT UNDER CIVIL PROCEDURE CODE 1908
'RES JUDICATA' MEANS A CASE OR SUIT INVOLVING A PARTICULAR ISSUE
BETWEEN TWO OR MORE PARTIES ALREADY DECIDED BY A COURT. THEREAFTER,
IF EITHER OF THE PARTIES APPROACHES THE SAME COURT FOR THE ADJUDICATION
OF THE SAME ISSUE, THE SUIT WILL BE STRUCK BY THE LAW OF 'RES JUDICATA'.
SECTION 11 OF CODE OF CIVIL PROCEDURE DEALS WITH THIS CONCEPT.
 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
• THE PRE-REQUISITES WHICH ARE NECESSARY FOR RES JUDICATA ARE:
1) THERE MUST BE A FINAL JUDGMENT;
2) THE JUDGMENT MUST BE ON THE MERITS;
3) THE CLAIMS MUST BE THE SAME IN THE FIRST AND SECOND SUITS;
4) THE PARTIES IN THE SECOND ACTION MUST BE THE SAME AS THOSE IN THE
FIRST, OR HAVE BEEN
REPRESENTED BY A PARTY TO THE PRIOR ACTION.
 CONCLUSION
THE DOCTRINE OF RES JUDICATA CAN BE UNDERSTOOD AS SOMETHING WHICH
RESTRAINS THE EITHER PARTY TO MOVE THE CLOCK BACK DURING THE
PENDENCY OF THE PROCEEDINGS. THE EXTEND OF RES JUDICATA IS VERY-VERY
WIDE AND IT INCLUDES A LOT OF THINGS WHICH EVEN INCLUDES PUBLIC
INTEREST LITIGATIONS. THIS DOCTRINE IS APPLICABLE EVEN OUTSIDE THE CODE
OF CIVIL PROCEDURE AND COVERS A LOT OF AREAS WHICH ARE RELATED TO THE
SOCIETY AND PEOPLE. THE SCOPE AND THE EXTEND HAS WIDENED WITH THE
PASSAGE OF TIME AND THE SUPREME COURT HAS ELONGATED THE AREAS WITH
ITS JUDGMENTS.