An Elucidative Study On Res Judicata
INTRODUCTION Laws Laws of every every land land are based on princi principle ples. s. These These princi principle pless govern govern the entire entire realm of jurisprudence in a country. These principles guide legislation, give legitimacy to judicial decisions and protect the citizens of a nation. The judiciary incorporates these principles in deciding cases and ensures conformity by the legislature and executive to such principles. Res Judicata is one such principle, whose origin cannot be sufficiently traced. t is an all pervading concept present in all jurisdictions of the world. Res Judicata is based on public policy and has universal application. application. ndia, has adopted the principle of Res Judicata Judicata in !."" of the #ode of #ivil $rocedure, "%&' (hereinafter referred to as )#.$.#.*+. )#.$.#.*+. odern day society is filled with disputes and litigations. The courts are flooded with frivolous, slow and cumbersome cases. The embodiment of a principle li-e Res Judicata, is but one of necessity in our country. n order to bring finality to litigation and prevent a person from being dragged to court again and again, Res Judicata is essential in any society. This paper essentially focuses on !."" of the #.$.#. The scope of this project covers an overview of the doctrine of Res Judicata in general providing a bac-ground to this paper. This paper see-s to analyze theory of the doctrine and its application in the form of case laws. #hapter ne deals with Res Judicata in general, see-ing to provide the reader with a bac-ground of the doctrine in general. #hapter Two deals with the essentials for application of Res Judicata.
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An Elucidative Study On Res Judicata
WHAT IS RES JUDICATA )The principle of Res Judicata while founded on ancient precedent, is dictated by a wisdom which is for all time* !ir Lawrence Jen-ins Res Judicatain in the Latin phrase ) Res
Judicata pro veritate accipitur,* )a matter
adjudged is ta-en for truth*. Res Judicata is, in both civil law and common law systems, a case in which there has been a final judgment and is no longer subject to appeal. The term is also used to refer to the doctrine meant to bar re/litigation of such cases between the same parties, which is different between the two legal systems. nce a final judgment has been handed down in a lawsuit, subse0uent judges who are confronted with a suit that is identical to or substantially the same as the earlier one will apply the Res Judicata doctrine to preserve the effect of the first judgment. The principle of Res Judicata is not the creature of any statute or the handiwor- of any code of law. t is the gift of public policy.
1.1 History of the Doctrine it is difficult to say definitively whether or not the doctrine as it stands now was formulated before "112. ancient
3indu Law as ) Purva Nyaya* or )former judgment*.
4nder Roman law, it was recognised by the doctrine of exception rei judicatae which also meant )previous judgment*. 4nder 5nglish law, the principle is embodied in the maxim interest )reipublicae ut sit finis litium”, which means the interest of the !tate lies in that there should be a limitation to law suits. 6ow, all the countries of the #ommonwealth and those of the 5uropean #ontinent accept that once a matter has been brought to trial once, it should not be tried again except by way of appeal. n order for the bar of Res Judicata to be applicable, it must be shown that the cause of action in both the suits is the same as well as that the plaintiff had an opportunity to get the relief that is
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An Elucidative Study On Res Judicata now being claimed in the subse0uent suit, in the former proceeding itself. Res Judicata bars the opening of final, un/appealed judgments on the merits, even where the judgment may have been wrong or based on a legal principal subse0uently overruled.
1.2 Rationale ehin! The Doctrine 5ssentially, the doctrine of Res Judicata in general is based on the three following maxims 7
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)nemo debet lis vexari pro una et eadem casua * meaning that no man should be vexed twice for the same cause,
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)interest republicae ut sit finis litium * or that it is in the interest of the !tate
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that there should be an end to litigation, Res Judicata pro veritate occipitur” meaning that a judicial decision must be accepted as correct.
The principle itself is founded upon the principles of justice e0uity and good conscience, and applies to various civil suits, criminal proceedings, writs, execution proceedings etc
1." E#$lanations of Section 11% Co!e of Ci&il 'roce!(re% 1)*+ 5xplanation to !."" states that Res Judicata depends upon the decision unli-e !. "&, wherein res sub judice hinges upon the institution of a suit.
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An Elucidative Study On Res Judicata 5xplanation to !. "" lays down that the finality of such a decision does not depend upon the existence of a right to appeal. The decision is ta-en as final regardless of whether the right to appeal exists. 5xplanation deals with matters that are actually in issue, vis/8/vis constructively in issue (as in 5xplanation 9+, inasmuch as there is a dispute, where one party alleges something and the other party either denies it or admits it. 5xplanation 9 embodies the doctrine of constructive Res Judicata. 5xplanation 9 declares that if multiple reliefs are sought in the plaint, those which are not granted expressly by the #ourt are deemed to have been refused. !o, if the #ourt does not ma-e reference to some or any reliefs which are claimed, the law deems them to have been refused by the #ourt. 5xplanation 9 provides that if one or more persons file a suit on behalf of many others, who also have a right to file such a suit, then the decision in such a suit will be binding upon those who file the suit, as well as all those people on whose behalf such a suit is filed:who are represented by the persons who actually file the suit. 5xplanation 9, as explained earlier, indicates that the doctrine of Res Judicata as provided for by !. "" applies to execution proceedings as well. 3owever, it is important to note that different petitions may be filed as-ing for different reliefs. 5.g. ;hile a civil arrest may be sought only once, attachment of property, immovable or movable, may be sought numerous times, since the defendant may ac0uire new property. 3ence, Res Judicata will not apply, as in each case the property is different. 5xplanation 9 declares that Res Judicata will apply to a subse0uent suit even where the #ourt which decided the former suit is not competent to try the subse0uent one, provided that it was competent to try the former suit, wherein the dec ision was given.
1., A$$lica-ility of Res J(!icata
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An Elucidative Study On Res Judicata Res Judicata is a principle of universal application. t applies to civil suits, criminal proceedings, writ petitions, execution suits etc. This doctrine is however, neither applicable to summary dismissal nor to compromise and consent decrees. The doctrine of Res Judicata is not confined to the limits prescribed in !ection "", #ivil $rocedure #ode. The underlying principle of that doctrine is that there should be finality in litigation and that a person should not be vexed twice over in respect of the same matter. The essential condition for the applicability is that the subse0uent suit or proceeding is founded on the same cause of action on which the former suit was founded. t is a debatable point whether the doctrine of Res Judicata should be interpreted liberally or strictly. 3owever, -eeping in view its basis and objective, which is based on public policy, it can be reasonably asserted that the doctrine of Res Judicata should be interpreted liberally.
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An Elucidative Study On Res Judicata
CHA'TER 2 ESSENTIA/S O0 RES JUDICATA 2.1 Essentials 4nder the #ode of #ivil $rocedure, "%&' the conditions for Res Judicata to apply are7 The matter which is directly and substantially in issue in the subse0uent suit or issue must be the same matter which was directly and substantially in issue, either actually or constructively in the former suit. This applies to execution proceedings as well. t is necessary that the parties to the subse0uent suit be the same parties as were in the former suit, or are parties who are claiming under the parties to the former suit. The parties should have been litigating under the same title, i.e. in the same capacity as the former suit. n order for the bar of Res Judicata to apply to the subse0uent suit, or the issues therein, the same (matters directly and substantially in issue+ should have been heard and decided by a #ourt in the former suit. t is important to note that the #ourt which decided the former suit should have been competent to decide such former suit, and had done so on merits. 5arlier, it was re0uired that the #ourt which decided the former suit must be competent to decide the subse0uent suit as well. 3owever, now, with the insertion of 5xplanation 9 into the section, such a re0uirement has been done away with.
2.2 atter Directly an! S(-stantially In Iss(e The words in !."" use the phrase )matter directly and substantially in issue*. Thus, for Res Judicata to operate the former suit and the subse0uent suit should have matter which was )directly and substantially in issue*.
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An Elucidative Study On Res Judicata The test to decide whether a matter was directly and substantially 3owever, no objective test can be laid down to definitively determine which matters are directly and substantially in issue in every case and it depends on the facts and circumstances of each case.
2." 0orer S(it
The most important condition that needs to be satisfied is that the matter in issue in the subse0uent suit was in issue, directly and substantially, in a former suit.
The general and ordinary meaning of )suit* is a proceeding which is
commenced by presentation of a plaint. rdinarily, and in more specific terms, a )suit* is a civil proceeding that is instituted by the presentation of a plaint. The expression )former suit* denotes a suit that has been decided earlier in time than the suit in 0uestion, i.e. the subse0uent suit, regardless of whether such a suit which was decided earlier was instituted subse0uently to the suit in 0uestion or not. f two suits are instituted one after the other, and both relate to the same 0uestion in controversy, the bar of Res Judicata will apply even in cases where the subse0uently instituted suit is decided first.
2., S(it -et3een Sae 'arties < =party> is a person whose name appears on the record at the time of the decision. < party may be the plaintiff or defendant. The condition recognizes the general principle of law that judgments and decrees bind the parties and privies. nce the matter is heard and decided in one suit, the same cannot be agitated again by the same parties, their legal representatives or successors. Res Judicata binds in a subse0uent suit, the same parties to the former suit, the legal representatives of such parties or anyone claiming under such parties. ?urther, even if a subse0uent suit is brought about in a different form or under a different guise, but see-ing to
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An Elucidative Study On Res Judicata agitate the same matter as was decided in the former suit, it will be barred by Res Judicata. 5.g. < sues @ for breach of contract. <>s suit is dismissed. < cannot file a fresh suit against @ for claiming damages. Res Judicata also operates between co/plaintiffs and co/defendants. n case of co/plaintiffs, it must be necessary that there is a conflict between the plaintiffs which must be resolved in order to give relief to the defendant, and such a matter is decided by the #ourt and the parties were necessary or proper parties in the former suit. f it is so decided, the decision will operate as Res Judicata between the co/plaintiffs in a subse0uent suit. Ifti4har Ahe! &. Sye! eher-an Ali
There was a dispute as to title to some land. The appellant sought to challenge the decision of the 3igh #ourt, which was to the effect that the respondents also had some title to the land in 0uestion. nitially, the dispute between the parties was referred to an arbitrator by the #ivil Judge. The holding of the arbitrator was that that the respondents had no title and sole title belonged to the appellant. The decision of the arbitrator was based upon a judgment of the 3igh #ourt in an earlier judgement, wherein both the present appellant and respondents were co/ plaintiffs in a suit against another person, again in respect of title to the land. !uch a decision of the 3igh #ourt was considered by the arbitrator to operate as Res Judicata, and hence held in favour of the appellants. The respondents then filed objections against the decision of the arbitrator with the #ivil Judge, eerut, and the #ivil Judge said that the decision of the 3igh #ourt did not operate as Res Judicata and since the decision of the arbitrator, dependent as it was on the decision of the 3igh #ourt as Res Judicata, was manifestly wrong and vitiated by error of law.
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An Elucidative Study On Res Judicata filed a revision petition in the 3igh #ourt, and the 3igh #ourt confirmed the decision of the #ivil Judge, reversing the decision of the Aistrict #ourt. The matter then came up before the !upreme #ourt a !pecial Leave $etition. The !upreme #ourt considered the matter, and considered the 0uestion of whether the respondents, who had had failed previously to establish title to the properties, could agitate the matter again. n doing so, the #ourt also explained the concept of Res Judicata between defendants and reiterated the established rule that in order that such a principle may be invo-ed, the following conditions must be met7 "+ there was a conflict of interest between co/d efendantsB (C+ that it was necessary to decide the conflict in order to give the relief which the plaintiff claimed in the suitB (D+ and that the court actually decided the 0uestion. The #ourt then went on to say that if all these conditions were satisfied mutatis mutandis, there was no reason why the previous decision should not operate as Res Judicata between co/ plaintiffs as well. n this reasoning, the #ourt agreed with the holding of the earlier arbitrator and contention of the appellants that the earlier decision of the 3igh #ourt did operate as Res Judicata, since all the three conditions had been met mutatis mutandis between the co/plaintiffs in the earlier case, and accordingly allowed the appeal. t is also important to mention that the parties in the subse0uent suit, though they may be the same, must additionally be litigating in the same capacity as they were in the former suit.
2.5 atter To e Deci!e! y A Co$etent Co(rt t is essentially for Res Judicata to operate against the subse0uent, that the former suit should have been decided by a court )competent to try*
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An Elucidative Study On Res Judicata the subse0uent suit. The expression )competent to try* means )competent to try the subse0uent suit if brought at the time the first suit was brought*. @efore 5xplanation 9 was added to !. "", the position was that the #ourt which decided the former suit must have been competent to decide the subse0uent suit as well, and if it was not, then Res Judicata would not apply. 3owever, with the insertion of 5xplanation 9, even if the #ourt which decided the former suit is not competent to decide the subse0uent suit, Res Judicata will still be applicable provided that the former suit was decided by a competent #ourt. The current position of law is that even if the #ourt that decided the former suit is not competent to decide the subse0uent one, and yet there are some common issues which arise in the subse0uent suit, which the #ourt (being competent to do so+, decided in the former suit, the doctrine of Res Judicata will operate against such issues, and the #ourt deciding the subse0uent suit will not decide upon these issues. This may arise in the case of pecuniary jurisdiction, the #ourt which decided the first suit cannot decide the second one, but the second suit does have certain issues which were decided in the former suit (and competently so+. n such a case, the second court shall not decide those issues that were decided by the first court in the former suit. n such a case, Res Judicata will apply not to the subse0uent suit, but to those issues therein which were decided in the former suit.
2.6 The atter Sho(l! e Hear! an! 0inally Deci!e! f an opinion is expressed on issues not material to the decision, then Res Judicata will not apply. The matters which are directly and substantially in issue in the subse0uent suit must have been heard by the #ourt in the former suit and a final decision on the same must have been delivered. n such cases, Res Judicata will apply to the subse0uent suit. !uch a provision also applies to former suits that were disposed of ex parte, provided that notifications were suitably
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An Elucidative Study On Res Judicata issued to the party in 0uestion. @ut if a suit is dismissed on a technical ground, such a non/ joinder of necessary party, it would not operate as Res Judicata.
2.7 Res J(!icata &. Res S(- J(!ice ften people confuse the concepts of res sub judice and Res Judicata. Res sub judice is discussed in !. "& and applies to the date of institution of suit. t is matter pending judicial en0uiry. !. "" of the #$# and is a matter adjudicated upon and applies to the date of adjudication. Res sub judice stays the latter suit instituted in court which has the same matter directly and substantially in issue in the previous suit. Res Judicata bars the trial of a suit in which the matter directly and substantially in issue has already been adjudicated upon in a previous suit.
2.+ Res J(!icata An! Writ 'etitions t was debatable whether the term =suit> would include writs and whether the principle of Res Judicata would apply to writ petitions. Daryao &. State of U.'
!ix writ petitions were presented before the !upreme #ourt entertaining this 0uestion. ne of the writ petitions was examined in detail by the court. ?acts / The relevant facts are that the petitioners were tenants in the lands of which the respondents were proprietors. The petitioners had to leave the lands for some period owing to communal disturbances. ;hen the petitioners returned, they found that the respondents were in unlawful possession of the land. The petitioners then filed ejectment suits under !. "'& of the
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An Elucidative Study On Res Judicata 4.$. Tenancy t be treated as irrelevant or inadmissible even where writ petitions dealing with fundamental rights were concerned. The other contention of the petitioners was that 3igh #ourt and !upreme #ourt cannot be said to be courts of competent jurisdiction as they are different. This contention was also negated by the court and it held that the jurisdictions of the 3igh #ourt under <. CC2 and the !upreme #ourt under <. DC were substantially the same, and even on that count, the application of Res Judicata couldn>t be barred. @ased on these reasons, the !upreme #ourt dismissed the writ petitions as
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An Elucidative Study On Res Judicata being barred by Res Judicata arising from the previous decision of the 3igh #ourt and laid down the rule that F );e hold that if a writ petition filed by a party under
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An Elucidative Study On Res Judicata
CONC/USION n the project we dealt with what Res Judicata is, the history of doctrine and even were it is mentioned in #ivil $rocedure #ode. 6ot only this but we also covered what are the various essentials of Res Judicata. ?rom the project it became very clear that following are must for applicability of Res Judicata7/ ". !ame parties C. !ame cause of action D. !ame relief. ;e also found how the principle of Res Judicata is important in #ivil $rocedure #ode. The principle sees into the case that F ". 6o man should be vexed twice for the same cause, C. t is in the interest of the !tate that there should be an end to litigation, D. < judicial decision must be accepted as correct. !o focusing all the above mentioned objectives, Res Judicata saves the precious time, justice and also eliminates complexity of contradiction of judgments Thus the principle of Res Judicata plays a very vital role in #ivil $rocedures.
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An Elucidative Study On Res Judicata
I/IO8RA'H9 ". C. D. H. I. 2. 1. '.
www.google.com www.bing.com www.wi-ipedia.com www.india-anoon.com The #ivil procedure #ode "%&' @are
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