A simplified explanation of the concept of Res Judicata under Section 11 of the Code of Civil Procedure, 1908 (CPC)

 A simplified explanation of the concept of Res Judicata under Section 11 of the Code of Civil Procedure, 1908 (CPC):


Res Judicata (Section 11 CPC) – Simplified Explanation

Meaning:

"Res Judicata" is a Latin term that means “a matter already judged.”

It means that once a court has decided a matter fairly and finally between the same parties, it cannot be re-opened or re-decided in any other suit.


Section 11 CPC – The Rule:

No court shall try any suit or issue which has already been directly and substantially in issue, in a former suit, between the same parties, and has been finally decided by a competent court.


Conditions for Res Judicata to Apply:

  1. Same parties (or their legal representatives)

  2. Same issue in both suits

  3. Direct and substantial issue (not minor or incidental)

  4. Earlier decision by a competent court

  5. Final judgment in the earlier suit

  6. Same title, same cause of action


Example (Simple):

In Case A, Ramesh sues Suresh over ownership of a piece of land and loses.

Now, Ramesh cannot file Case B again against Suresh for the same land and the same claim.
This is barred by Res Judicata.


Purpose of Res Judicata:

  • Prevent multiple litigations

  • Avoid conflicting decisions

  • Save judicial time and cost

  • Ensure finality of judgments


Important Notes:

  • Even an erroneous decision can operate as Res Judicata if not appealed.

  • It applies to civil suits, writs, and appeals.

  • Public interest litigation (PIL) may have exceptions.

  • It applies to issues of fact and law if already decided.



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