Friday, August 07, 2015

Res-judicata Meaning, Object and Kinds of Res-Judicata

Civil Procedure Code Notes
2 comments

The doctrine of Res-judicata is enunciated in section (11) of C.P.C is in the following words:
According to section (11), "No Court shall try any suit or issue in which the matter' directly
and substantially 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."

Res-judicata Meaning
Res-judicata technically means that a matter in issue which has already been tried by
competent Court, then trial between the same parties in-respect of the same matter shall
not be allowed. Res-judicata is very important doctrine of C.P.C, it emphasis that a subject
matter of the suit which has already been decided, is deemed to be decided forever, and
can't be reopened by the same parties. The rule of Res-judicata is based upon the principle
that no person should be vexed twice for the same cause of action, and the interest of the
State behind this principle is that, there should be an end to litigation.

Object of Res-judicata
The object of Res-judicata is to prevent a question which has already been decided to be reagitated. A question finally decided at one stage of a proceeding cannot be re-agitated
between the same parties or their representatives at a subsequent stage.

Kinds of Res-judicata
There are two kinds of Res-judicata namely; Actual Res-judicata and Constructive Resjudicata.

Actual Res-judicata
It means a matter actually resolved by Court, between the parties in earlier suit cannot be
reopened through subsequent suit. In-other words an issue has been alleged by one party
and either denied or admitted, (expressly or impliedly) by other party in earlier suit, second
suit in respect of the same matter can not be filed, and if any is filed, the same would be hit
by actual Res-judicata.

Constructive Res-judicata
It means a matter which might and ought to have been made ground of claim or defense in
a former suit, but a party ignores it, then that issue shall be deemed to have been a matter
directly and substantially in issue in such suit. In other words if a party had an opportunity
that he ought to have taken a plea (as a plaintiff or defendant) if he fails to do so, and the
matter is decided, the decision will operate as Res-judicata in-respect of all issues, which
were taken, and which ought and might have taken/ and second suit would not lie for such
issue.

Essential conditions of res-judicata

For applicability of Res-judicata the following conditions must be present:

A previous suit in which the matter in issue directly and substantially should have
been decided.
A competent Court of Civil jurisdiction should have decided it.
It should have been decided on merits and final decision should have been made
after hearing.
It should contain directly and substantially same matter in issue.
It should have been contested between the same parties or their legal
representatives, such parties are indulging litigation under the same title, with respect to
the same cause of action.
If these conditions are fulfilled then subsequently/further instituted suit shall be liable to be
dismissed by application of doctrine of Res-judicata.