⚖️ Res Judicata (Section 11, Code of Civil Procedure, 1908)
🔹 Meaning:
“Res Judicata” is a Latin term which means “a matter already judged.”
> It prevents the same dispute between the same parties from being tried again once it has been finally decided by a competent court.
📜 Legal Provision:
Section 11 of the Code of Civil Procedure, 1908 (CPC)
> “No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, and has been heard and finally decided by such court.”
⚖️ Purpose:
>To prevent multiplicity of litigation
> To ensure finality in judgments
> To save time and judicial resources
> To protect parties from being harassed by repeated suits
📌 Essential Conditions:
1. The matter must be directly and substantially in issue in both suits.
2. The former suit must have been decided by a competent court.
3. The parties in both suits must be the same (or claiming under same title).
4. The matter must have been finally decided.
5. The decision must be on merits.
⚖️ Explanation VIII (Amendment 1976):
> A decision by a court of limited jurisdiction (e.g., Small Causes Court) can also operate as res judicata in a later suit, even if the subsequent court is of higher jurisdiction.
📚 Leading Judgments:
1. Satyadhyan Ghosal v. Deorajin Debi (AIR 1960 SC 941)
> Established that Res Judicata applies to different stages of the same proceeding.
2. Daryao v. State of U.P. (AIR 1961 SC 1457)
> Applied the principle to writ petitions under the Constitution.
3. Sheoparsan Singh v. Ramnandan Prasad (1916 PC)
> Affirmed that Res Judicata is a rule of public policy.
🧩 Exceptions:
> If the previous decision was obtained by fraud or collusion
> If the court lacked jurisdiction
> If law has changed or new rights have arisen.
🔁 Related Concept:
Res Sub Judice (Section 10 CPC) –
> Bars a court from proceeding with a trial when a similar matter is already pending before another competent court.
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