RES JUDICATA IN CPC
Section 11 of the Civil Procedure Code of 1908 represents the principle of res-judicata, commonly referred to as the norm of conclusiveness of judgment, with respect to previously decided matters of fact, law, or law and fact, as well as in each subsequent lawsuit involving the same parties.
According to the law, once a matter has been fully settled by a suitable court, neither party may raise it again in a different litigation. In the absence of such a regulation, disagreements would never come to a conclusion, leaving the parties open to ongoing conflict, intimidation, and expenses.
Res judicata in cpc: About
- When combined, res and judicata in cpc signify “a matter adjudicated.”
- Stated differently, the parties to the current case have already settled the dispute in a different court, and the court is currently deliberating over the matter. The court will dismiss this case because it has previously been decided by another court.
- Both criminal and civil law are subject to the res judicata principle. It is not permitted to retry any litigation that has already been tried, either directly or indirectly.
Doctrine of res judicata: Its Purpose
- The doctrine of res judicata aims to promote just and equitable justice administration by discouraging the abuse of the legal system.
- The legal notion of res judicata applies when a party that was awarded a judgment in a previous case involving the same parties wants to file a new lawsuit on the same subject.
Doctrine of res judicata: Its Application
The experts’ talks indicate that res judicata needs to include the following:
- To use res judicata, a prior suit and a subsequent suit are necessary.
- The second lawsuit must be admissible to the court that resolved the first one.
- The entire subject matter that is directly in question in both actions must be the same, either literally or constructively.
- The subject matter of the subsequent litigation must have been heard by the court in the previous lawsuit, and a decision must have been made regarding it both directly and indirectly.
- The parties through the means by which they or any of them may make a claim, as well as the parties engaged in the two cases, must be the same.
- The parties to the litigation are required to have filed claims under a single title.
Res judicata in cpc: Case Laws
- In the case of Daryao v State of UP, the application of the res judicata theory has been broadened by the Supreme Court. The court determined that the res judicata rule applies to a petition submitted in accordance with Article 32 of the Constitution. If the petitioner submitted it under Article 226 of the Constitution and it was denied on the merits, a comparable petition filed before the Supreme Court under the authority of Article 32 of the Constitution would be banned as res judicata.
- In the case of Avtar Singh v Jagjit Singh, after A filed a civil lawsuit, B raised a dispute about the court’s arbitration. The plaintiff got the plaint returned to present after the objection was upheld. When A contacted the Revenue Court, he returned the petition because the Revenue Court lacked jurisdiction. Once more, A filed a complaint in the Civil Court. B argued that the res judicata theory precluded the suit.
Doctrine of res judicata: What Makes It a Preventive Essential?
The res judicata concept is linked to several crucial preventive principles. They are listed in the following order:
- It keeps parties from bringing up the same arguments repeatedly, giving the appearance of a resolution in legal disputes.
- It promotes judicial efficiency by doing away with the needless use of court resources for pointless cases.
- It ensures that judicial rulings endure and remain consistent throughout time, contributing to the preservation of legal certainty.
- It protects parties from harassment caused by a persistent pattern of litigation, which promotes a just and equitable legal system.
- Reducing the number of lawsuits saves the parties involved not just money, time, and energy, but also the legal system.
- Res judicata preserves legal relationships by limiting new challenges to cases that are presently being decided.
- It increases the predictability of the judicial system since parties may rely on the binding nature of earlier rulings.
When does the Court fail to apply Res Judicata?
- If the court rejects the request for res judicata and instead issues a conflicting judgment on the same subject, the matter will be moved to the next court, which will decide on res judicata based on the decision in the preceding action.
- Consequently, the parties to the case are required to disclose the prior conflict to the court. After that, the judge will determine whether or not to accept the res judicata plea.
The doctrine of res judicata may be thought of as a restriction on any party’s capacity to “move the time machine back” while the case is still ongoing. Among the various cases that come under the broad concept of res judicata is litigation representing the interests of the public.
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