Res Judicata: Section 11 of Code of Civil Procedure
Section 11 CPC: Res Judicata
Text of Section 11:
“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, and has been heard and finally decided by a Court of competent jurisdiction, except in cases provided for in this Code.”
Meaning of Res Judicata
Res Judicata literally means “a matter already judged.”
Once a competent court has finally adjudicated a matter, the same matter cannot be re-litigated between the same parties.
It prevents multiplicity of litigation and ensures finality of judicial decisions.
Essentials of Section 11
To invoke Section 11 CPC, the following conditions must be satisfied:
Identity of Parties
The parties in the second suit must be the same as in the former suit, or they must claim under the same title.
Matter Directly and Substantially in Issue
The matter in the second suit must be the same as what was actually decided in the former suit.
It is not enough that the issues are similar; they must be directly and substantially in issue.
Former Suit Decided by a Court of Competent Jurisdiction
The first suit must have been decided by a court competent to try it.
If the court lacked jurisdiction, Section 11 cannot apply.
Final Decision
The decision in the former suit must be final, not an interlocutory or preliminary order.
Appeals or revisions do not affect the applicability of res judicata if the first decision is final.
Exceptions to Res Judicata
Section 11 CPC also recognizes certain exceptions:
Subsequent suit on a different cause of action – If the cause of action is different, res judicata does not apply.
Fraud or Collusion – If the former decision was obtained by fraud or collusion, res judicata may not apply.
Third-Party Rights – If new parties are involved who were not represented or could not have been represented, Section 11 does not bar the suit.
Landmark Case Laws on Section 11 CPC
R.K. Garg v. Union of India (1981)
Reaffirmed that res judicata bars the re-litigation of issues that were directly and substantially decided in a previous suit.
B.K. Narayana Pillai v. State of Kerala (1970)
Held that claims arising out of the same cause of action between the same parties are barred.
Lallu Yeshwant Singh v. Commissioner of Income Tax (1966)
Emphasized the need for identity of parties and cause of action for Section 11 to apply.
Significance of Res Judicata
Prevents multiplicity of litigation – Avoids repeated lawsuits on the same matter.
Ensures finality of judicial decisions – Courts’ decisions are respected and implemented.
Saves time and judicial resources – Promotes efficiency in the justice system.
Promotes fairness – Parties cannot be vexed repeatedly over the same dispute.
Summary Table
| Element | Requirement |
|---|---|
| Identity of Parties | Same parties or claiming under them |
| Matter in Issue | Directly and substantially in issue |
| Competent Court | Court in the former suit must have jurisdiction |
| Final Decision | Must be a final decision, not interlocutory |
| Exceptions | Different cause of action, fraud, new parties |
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