An Elucidative Study On Res Judicata
An Elucidative Study On Res Judicata
An Elucidative Study On Res Judicata
INTRODUCTION
Laws of every land are based on principles. These principles govern the entire realm of
jurisprudence in a country. These principles guide legislation, give legitimacy to judicial
decisions and protect the citizens of a nation. The judiciary incorporates these principles in
deciding cases and ensures conformity by the legislature and executive to such principles.
Res Judicata is one such principle, whose origin cannot be sufficiently traced. It is an all
pervading concept present in all jurisdictions of the world. Res Judicata is based on public policy
and has universal application. India, has adopted the principle of Res Judicata in S.11 of the
Code of Civil Procedure, 1908 (hereinafter referred to as C.P.C.).
Modern day society is filled with disputes and litigations. The courts are flooded with frivolous,
slow and cumbersome cases. The embodiment of a principle like Res Judicata, is but one of
necessity in our country. In order to bring finality to litigation and prevent a person from being
dragged to court again and again, Res Judicata is essential in any society.
This paper essentially focuses on S.11 of the C.P.C. The scope of this project covers an overview
of the doctrine of Res Judicata in general providing a background to this paper. This paper seeks
to analyze theory of the doctrine and its application in the form of case laws. Chapter One deals
with Res Judicata in general, seeking to provide the reader with a background of the doctrine in
general. Chapter Two deals with the essentials for application of Res Judicata.
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adjudged is taken for truth. Res Judicata is, in both civil law and common law systems, a case in
which there has been a final judgment and is no longer subject to appeal. The term is also used to
refer to the doctrine meant to bar re-litigation of such cases between the same parties, which is
different between the two legal systems. Once a final judgment has been handed down in a
lawsuit, subsequent judges who are confronted with a suit that is identical to or substantially the
same as the earlier one will apply the Res Judicata doctrine to preserve the effect of the first
judgment. The principle of Res Judicata is not the creature of any statute or the handiwork of
any code of law. It is the gift of public policy.
nemo debet lis vexari pro una et eadem casua meaning that no man should be
vexed twice for the same cause,
interest republicae ut sit finis litium or that it is in the interest of the State
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The most important condition that needs to be satisfied is that the matter
in issue in the subsequent suit was in issue, directly and substantially, in
a former suit.
commenced by presentation of a plaint. Ordinarily, and in more specific terms, a suit is a civil
proceeding that is instituted by the presentation of a plaint. The expression former suit denotes
a suit that has been decided earlier in time than the suit in question, i.e. the subsequent suit,
regardless of whether such a suit which was decided earlier was instituted subsequently to the
suit in question or not. If two suits are instituted one after the other, and both relate to the same
question in controversy, the bar of Res Judicata will apply even in cases where the subsequently
instituted suit is decided first.
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CONCLUSION
In the project we dealt with what Res Judicata is, the history of doctrine and even were it is
mentioned in Civil Procedure Code. Not only this but we also covered what are the various
essentials of Res Judicata. From the project it became very clear that following are must for
applicability of Res Judicata:1. Same parties
2. Same cause of action
3. Same relief.
We also found how the principle of Res Judicata is important in Civil Procedure Code. The
principle sees into the case that
1. No man should be vexed twice for the same cause,
2. It is in the interest of the State that there should be an end to litigation,
3. A judicial decision must be accepted as correct.
So focusing all the above mentioned objectives, Res Judicata saves the precious time, justice and
also eliminates complexity of contradiction of judgments
Thus the principle of Res Judicata plays a very vital role in Civil Procedures.
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BIBLIOGRAPHY
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www.google.com
www.bing.com
www.wikipedia.com
www.indiakanoon.com
The Civil procedure Code 1908 Bare Act
The Code Of Civil Procedure D.N.Mathur
The Code of Civil Procedure with exhaustive Case Law - Y.P Bhagat
The Code of Civil Procedure (3rd edition) Prof.M.P Jain
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