LITERAL MEANING
“a matter adjudged”
ORIGIN
Latin
EXPLANATION
Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter adjudged”. Section 11 of the CPC defines the doctrine of Res Judicata is the matter which has already been judged. In simple words, the thing has been judged by the court, the issue before a court has already been decided by another court and between the same parties. Hence, the court will dismiss the case as it has been decided by another court. Res judicata applies to both civil and criminal legal systems.
This doctrine is based on the principle that if the matter is already decided by the competent court then no one has the right to reopen it with the subsequent suit. It is applied by the court where issues directly and substantially involved between the same parties in the former and present suit, are the same.
This principle is based on two principles:
- one should not be vexed twice for the same cause; and
- there should be finality to litigation.
The principle of res judicata seeks to promote the fair administration of justice and honesty and to prevent the law from abuse.
ILLUSTRATION
‘A’ sued ‘B’ as he didn’t pay rent. ‘B’ pleaded for the lessening of rent on the ground as the area of the land was less than the mentioned on the lease. The Court found that the area was greater than shown in the lease. The area was excess and the principles of res judicata will not be applied.
CASE LAWS
Supreme Court Employees’ Welfare vs. Union of India And others.
It was held that “When it is said that a previous decision is res judicata, it is meant that the right claimed has been adjudicated upon and cannot again be placed in a contest between the same parties.
Manohar Lal vs. Seth Hiralal
It was held that a court cannot proceed with the subsequently instituted suit since the provisions contained in Section 10 of the Civil Procedure Code are mandatory, and no discretion is left with the court.
Also Read: Animus Nocendi
