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RES JUDICATA(SECTION 11)DOCTRINE OF ‘RES JUDICATA’ The doctrine of res judicata is very ancient and has been recognized by Hindu & Muslim jurists also.  Under the Roman Law it is known as exceptio rei judicatae which means ‘previous judgment.’  Under the English Law it signifies that the ...

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RES JUDICATA (SECTION 11)

DOCTRINE OF ‘RES JUDICATA’ 

The doctrine of res judicata is very ancient and has been recognized by Hindu & Muslim jurists also.

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Under the Roman Law it is known as exceptio rei judicatae which means

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‘previous judgment.’ Under the English Law it signifies that the interest of the State lies in that there should be a limitation to law suits.

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It also signifies that a matter which has been once tried shall not be tried again except by way of appeal.

MEANING  

In the case of Subramanian Swamy v. State of T.N. the term res judicata was defined in detail. ‘Res’ means everything that may form an object of rights and includes objects, subject matter or status.

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‘Res judicata’ means a matter adjudged; a thing judicially acted upon; a thing or matter judicially settled by judgments.

SCOPE  The doctrine of res judicata is based on the following three principles: 1. No one shall be vexed twice for the same cause; 2. It is interest of the State there shall be an end to litigation;

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3. A judicial decision shall be accepted as correct. The first principle is based on private interest, however the second and third principles are based on Public interest i.e., of the State and Society at large.

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The doctrine is founded on the principles of justice, equity and good conscience. It applies to all judicial proceedings and quasi-judicial proceedings. For the doctrine of ‘Res Judicata’ to apply it is immaterial whether the previous decision was right or wrong. The correctness of the decision has no bearing on the question of application of res judicata.

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To attract the doctrine of res judicata, the former Court must have adjudicated the case on his merits.

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However, the conditions mentioned u/s. 11 shall be fulfilled. Subsequently if a new interpretation to the law is given by the Courts, the

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same shall not have any bearing on the question of application of doctrine of res judicata. Obiter dictum or a mere expression of opinion do not have the effect of res judicata.

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RES JUDICATA & RES SUBJUDICE Basis Res Judicata Legal Section 11, CPC provides for Provision the provisions pertaining to Res Judicata. Meaning A matter directly and substantially in issue which is already adjudicated upon merits shall not be taken up again by another Court. Definition

Scope

A matter adjudicated upon or

Res Subjudice Section 10, CPC provides for the provisions pertaining to Res Subjudice. No Court shall proceed with a matter which is already underway in a Court between same parties or under the same title or pertaining to the same cause of action shall. A matter which is pending

a matter on which judgment has been pronounced. Res Judicata bars the trial of a suit or an issue in which the matter directly and substantially in issue has

judicial inquiry.

already been adjudicated upon in a previous suit.

a previously instituted suit.

Res Subjudice bars the trial of a suit in which the matter directly and substantially in issue is pending adjudication in

RES JUDICATA & ESTOPPEL Basis Nature

Meaning

Scope

Res Judicata Estoppel The rule of res judicata is a The rule of estoppel is a rule of rule of procedure provided evidence. under S.11, CPC. A matter adjudicated upon or

A person is estopped from a matter on which judgment contradicting a statement at a latter proceeding, which he has been pronounced. has given at a former proceeding It precludes a man from It prevents a person from avowing the same thing in saying one thing at one tie and contradicting it latter. successive litigation. Res Judicata ousts the Estoppel shuts the mouth of jurisdiction of the Courts.

the party.

*In the case of Bhanu Kumar Jain v. Archana Kumar it was held that the doctrine of res judicata creates a different kind of estoppel i.e., ‘Estoppel by Accord.’

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RES JUDICATA BETWEEN C0-DEFENDANTS 

For Res Judicata to apply between the co-defendants, the following three conditions must be proved: 1. There must be a conflict of interest between the co-defendants; and 2. It shall be necessary to decide the conflict of interest in order to grant relief to the plaintiff; and 3. The Court should give a decision with respect to such conflict of interest between the co-defendants.

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The doctrine of res judicata between the co-defendants must be applied with

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care and caution, in view of likelihood of fraud or collusion. For instance – In a suit between A and B & C there is matter directly and substantially in issue between B & C and an adjudication upon that matter is necessary to the determination of the suit, then the adjudication of dispute between B & C would operate as Res Judicata in a subsequent suit between B & C.

RES JUDICATA BETWEEN C0-PLAINTIFFS

*The same principle, i.e., in case of res judicata between Co-Defendants applies to the case of Res Judicata between Co-Plaintiffs.

GENERAL CONDITIONS OF RES JUDICATA The following constitute the general conditions of Res Judicata: 1. 2. 3. 4. 5.

Matters in Issue; Same Parties or Parties under whom any of them claim; Litigating under the Same title; Competent Court; Finality.

CONDITION I – MATTERS IN ISSUE Meaning The term matters in issue means the rights litigated between the parties. Kinds of Issues The Civil Procedure Code, 1908 recognizes issues of two kinds: 1. Issues of Law; and 2. Issues of Fact However, with the advent of time and interpretation of law, another type of issue has evolved i.e., 3. Mixed issue of law and fact.

Classification of Matters in Issue

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The matters in issue in suit can be classified into the following heads: A. Matters directly and substantially in issue OR actually in issue. (Exp. III, Sec. 11) B. Matters collaterally or incidentally in issue OR constructively in issue. (Exp. IV, Sec. 11) Matters Directly and Substantially in Issue OR Actually in Issue  Explanation III to Section 11 

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For matter to be considered as directly and substantially in issue, it must alleged by one party and denied or admitted, either expressly or by necessary implication, by the other. It further depends on the fact whether the decision on such an issue would materially affect the decision of the suit. Where both, matters directly and substantially is issue and the subject matter are the same, the subsequent suit will be barred on account of res judicata not because of similarity of subject matter, but because of matters directly and substantially in issue. The matter directly and substantially in issue shall be heard and finally disposed of by the Court.

Matters collaterally or incidentally in issue OR Constructively in Issue  Explanation IV, Section 11 

A collateral or incidental issue is the one which is ancillary to a direct and

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substantive issue. A matter which ‘might’ or ‘ought’ to have been made the ground of attack or defence is a matter which is constructively in issue.

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It will be deemed to be a matter directly and substantively in issue. The term ‘might’ refers to possibility.

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The term ‘ought’ enjoins the party to take such pleas and is used in a

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mandatory sense expressing duty or obligation. It compels the party to raise a ground of attack or defence in support of its case. It is an artificial form of res judicata.

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It is fair and just on the pretext that the parties shall raise all available pleas in the suit or proceedings when the action is initiated and omission to raise such pleas does raise constructive res judicata. In the case of Devilal Modi v. Sales Tax Officer it was held that if a plea could have been made by the party in a proceeding between him and his opponent, he should not be permitted to take that plea against the same party in a subsequent proceeding.

CONSTRUCTIVE RES JUDICATA 4

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The principles of constructive res judicata are also a part of the doctrine of res judicata.

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The principle of constructive res judicata also applies to writ jurisdiction also.

Meaning  The principle of res judicata apply to what is actually adjudicated or 

determined in a previous case. On the other hand, constructive res judicata applies to every other which the parties ‘might’ and ‘ought’ to have litigated or which was incidental to or essentially connected with the subject matter of the previous litigation.

Test of Constructive Res Judicata As a general rule, every ground of attack with reference to the title sued on shall be specifically pleaded if necessary in the alternative for the plaintiff will not be allowed to make out a fresh case afterwards. Four Rules – To determine if the suit is barred by Constructive Res Judicata 1. Where the right claimed in both the suits is the same, the subsequent suit will be barred by res judicata, even if it is filed under a different title. 2. Where the right claimed in both the suits is different and the suits are filed under different titles, it will not be barred by res judicata. 3. Where a particular ground could have been pleaded in the former suit but the party omitted to do so, it will be deemed to be directly and substantially in issue in the latter suit. 4. The subject matter of both the suits may be same, yet they could be held barred by res judicata if the matters in issue are directly and substantially same in both the suits.

CONDITION II – SAME PARTIES OR PARTIES UNDER WHOM ANY OF THEM CLAIM

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