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:
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Same parties (or their legal representatives)
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Same issue in both suits
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Direct and substantial issue (not minor or incidental)
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Earlier decision by a competent court
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Final judgment in the earlier suit
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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:
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Prevent multiple litigations
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Avoid conflicting decisions
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Save judicial time and cost
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Ensure finality of judgments
Important Notes:
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Even an erroneous decision can operate as Res Judicata if not appealed.
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It applies to civil suits, writs, and appeals.
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Public interest litigation (PIL) may have exceptions.
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It applies to issues of fact and law if already decided.
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