Res Judicata – A matter already judged
Res Judicata: Meaning and Explanation
1. Meaning
Literal meaning: “Res Judicata” is a Latin term meaning “a matter that has been adjudicated” or “a thing decided.”
It refers to a final judgment on the merits of a case by a competent court, which precludes the parties from re-litigating the same issue or cause of action between the same parties.
2. Legal Definition
The Code of Civil Procedure, 1908 (India), Section 11 defines Res Judicata as:
“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, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court.”
3. Key Elements of Res Judicata
To invoke res judicata, the following conditions must be satisfied:
| Element | Explanation |
|---|---|
| 1. Identity of parties | The parties in both suits must be the same or must claim under the same title. |
| 2. Identity of cause of action | The cause of action or the matter directly and substantially in issue must be the same in both suits. |
| 3. Competent court | The earlier decision must have been given by a court competent to decide the case. |
| 4. Final judgment | The earlier suit must have been heard and finally decided on merits (not dismissed on procedural grounds). |
| 5. Same subject matter | The subject matter of both suits should be the same. |
4. Purpose and Importance
To avoid multiple litigations: Prevents parties from re-litigating the same dispute again and again.
To ensure finality: Promotes finality and certainty in legal proceedings.
To save judicial time and resources: Avoids wastage of court time and expenses for the parties.
To uphold judicial discipline: Respects the authority of prior judicial decisions.
5. Types of Res Judicata
Issue Res Judicata: When an issue of fact or law has been finally decided in a previous suit, the same issue cannot be re-opened in subsequent litigation between the same parties.
Cause of Action Res Judicata: Prevents re-litigation of the entire cause of action which was decided earlier.
6. Exceptions to Res Judicata
Fraud or Collusion: If the previous judgment was obtained by fraud or collusion.
Subsequent discovery of new evidence: Sometimes courts may permit re-opening in exceptional cases.
Different parties or different cause of action: If any of these elements differ, res judicata may not apply.
Appellate or Revision rights: If a judgment is subject to appeal or revision, it is not final and res judicata does not apply.
7. Illustrative Case Law
Daryao v. State of U.P. AIR 1961 SC 1457
The Supreme Court elaborated on the principles of res judicata and held that the doctrine bars a suit if the matter has been directly and substantially in issue and finally decided in a previous suit between the same parties.
Nemo Debet Bis Vexari pro Eadem Causa (No one ought to be tried twice for the same cause)
This principle underlines the doctrine’s rationale.
8. Summary Table
| Aspect | Explanation |
|---|---|
| Meaning | A matter already judged by a competent court |
| Legal Basis | Section 11, CPC |
| Essential Elements | Identity of parties, cause of action, subject matter, competent court, final judgment |
| Purpose | Prevent multiple litigation, ensure finality |
| Exceptions | Fraud, collusion, new evidence, different parties or cause |
| Effect | Bars re-litigation of same issue or cause of action |
In brief:
Res Judicata ensures that once a competent court has given a final decision on a dispute, the same parties cannot re-open the same matter again in any court. It protects the authority of judicial decisions and promotes certainty and judicial economy.
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