Doctrine of Res Sub Judice: Section 10 CPC
Constructive Res Judicata
Meaning of Res Judicata
Res Judicata is a doctrine derived from Latin meaning "a matter already judged." It bars re-litigation of a matter that has already been decided by a competent court in a previous suit between the same parties or their representatives.
Types of Res Judicata
There are two types of Res Judicata:
Express Res Judicata
Constructive Res Judicata
Constructive Res Judicata
Constructive Res Judicata is based on Section 11 of the Civil Procedure Code, 1908. It extends the principle of res judicata beyond the exact issues decided in the former suit to cover any issues which could and should have been raised and decided in the earlier suit.
Legal Provision
Section 11, CPC states:
“No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, and has been heard and finally decided by such court.”
Key Elements of Constructive Res Judicata
There must be a former suit between the same parties or their representatives.
The matter in issue in the current suit must be one that could have been raised in the former suit.
The former suit must have been heard and finally decided by a competent court.
It applies even if the point was not actually raised or decided in the earlier suit, but it could have been raised.
Explanation
Constructive Res Judicata prevents multiplicity of litigation and conflicting decisions by holding parties to raise all their claims arising out of the same cause of action in one suit.
The law expects parties to raise all related grounds in their first suit.
If a party fails to raise a claim or issue in the former suit, they are barred from raising it later in a subsequent suit.
Scope
The doctrine is broader than Express Res Judicata.
It aims to promote finality and judicial economy.
The principle applies even if the matter was not actually argued but was related and could have been.
Distinction from Express Res Judicata
| Express Res Judicata | Constructive Res Judicata |
|---|---|
| The issue was actually and finally decided in the earlier suit. | The issue was not actually decided but could and should have been raised in the earlier suit. |
| Based on the actual decision on the issue. | Based on the connection and relation to the former suit. |
| Strict application on decided matters. | Applies to matters omitted but connected to previous suit. |
Illustration
Suppose Party A sues Party B for breach of contract and gets a judgment. Later, Party A files another suit on the same contract but for a different breach or related claim that could have been raised earlier. The subsequent suit would be barred by constructive res judicata.
Leading Case Laws
K.K Verma vs Union of India (AIR 1966 SC 1083)
The Supreme Court held that the principle of res judicata applies not only to matters that were directly in issue and decided but also to those that could and should have been raised and decided in the earlier suit.
Daryao and Others vs State of U.P. (AIR 1961 SC 1457)
The Court observed that constructive res judicata bars a party from reopening a matter which was not raised but could have been raised in a previous proceeding.
T. Arivandandam vs T.V. Satyapal (AIR 1977 SC 2062)
The Supreme Court held that constructive res judicata applies when a party fails to raise a claim which is related to the cause of action in the former suit.
Ajit Singh vs K.K. Verma (AIR 1966 SC 1083)
The Court emphasized that Section 11 bars re-litigation of issues that could have been raised in the prior suit though they were not.
Exceptions to Constructive Res Judicata
If the cause of action is different in the subsequent suit.
If there is a lack of identity of parties or their representatives.
If the former suit was dismissed for default or no decision on merits.
If the subsequent suit is based on new facts or circumstances arising after the earlier suit.
Importance of Constructive Res Judicata
Prevents abuse of process by repeated litigation.
Ensures judicial economy by avoiding multiple suits on related issues.
Provides certainty and finality to judicial decisions.
Protects the authority of judicial decisions.
Summary
| Aspect | Constructive Res Judicata |
|---|---|
| Based on | Section 11, CPC |
| Applies to | Matters that could have been raised earlier |
| Aim | Avoid multiplicity of litigation |
| Barred Suit | Even if issue not actually raised in prior suit |
| Requirement | Same parties, same cause of action |
| Nature | Broader than express res judicata |
RELATED Blog
0 comments