Res Judicata under Section 11 of the CPC || meaning || conditions||
Res judicata under CPC
In this article, we will discuss the provisions
related to Res Judicata under Section 11 of the CPC 1908. Like; what is res
judicata? It's meaning, its object, what are the conditions of the res judicata
and its exceptions? Etc. let’s begin.
Introduction:-
Section 11 of the Code of Civil Procedure,
provides the provision relating to the Res judicata. The principle of res judicata
is based on the need to finalize judicial decisions. It means that once a res
is judicata, it shall not be adjudged again. This doctrine applies as between
past litigation and future litigation, when a matter, whether on a question of fact
or a question of law, has been decided between two parties in one suit or
proceeding and the decision is final, then neither will be allowed to file a
suit on the same matter and between same parties in future suit.
Meaning of Res
Judicata:-
Res
Judicata is a phrase which has been evolved from a Latin maxim, which means Res
means “subject matter” or “dispute” and judicata means “adjudged”, “decided” or
“adjudicated” thus Res Judicata means a matter adjudged or a dispute decided.
Object:-
The object of the doctrine of Res Judicata is
based on three maxims:-
1) No man should not be vexed twice for
the same cause.
2) It is in the interest of the state that
there should be an end to litigation.
3) A judicial decision must be accepted as
correct.
Condition for
Res Judicata:-
There
are following conditions which must be fulfilled for applying the doctrine of
Res Judicata:-
1. There must be two suits; one former
decided suit and other subsequent suits
2. The matter must be directly and
substantially related to the subsequent suit
3. There must be the same titles means the same capacity
4. The decision in the former suit must be
made by the competent court having jurisdiction on the case.
5. In the subsequent suit, the matter directly
& substantially in the issue must have been heard and finally decided by the
court in a previous suit.
In the following cases, the matter is deemed to be finally decided on
merits even of the former suit is disposed of in the following manner:
a. By ex parte
b. By dismissal
c. By decree on an award
d. By oath tender under section 8 of
Indian Oath Act, 1873
e. By dismissal owing to plaintiff failed
to produce evidence at the hearing.
Exception to
the doctrine of the Res Judicata:-
The doctrine of Res Judicata also has some exception in which situation it does not
apply which are as follows:-
I.
Judgment in
original suit obtained by the fraud
II.
When previous
SLP is dismissed,
III.
Different cause
of action,
IV.
When there is
interlocutory order,
V.
Waiver of a
decree of Res Judicata,
VI.
Court not
competent to decide,
VII.
When there is a
change in the law.
Conclusion:-
The doctrine of the
Res Judicata enacts the rule of conclusiveness of judgments as to the point
decided, every subsequent suit between the same parties. The rule of res
judicata is intended not only to prevent a new decision but also to stop a new
investigation so that the same person cannot be harassed repeatedly in various
proceedings upon the same question. The principle of finality of res judicata
is a matter of public policy.
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