Res Judicata and its Applicability in Various Proceedings in India

Abstract

'Res' in Latin means thing a 'Judicata' means already decided. This rule operates as a bar to the trial of a subsequent suit on the same cause of action between the same parties. Its basic purpose is - One suit and one decision is enough for any single dispute. The rule of 'res judicata' does not depend upon the correctness or the incorrectness of the former decision. It is a principle of law by which a matter which has been litigated cannot be re-litigated between the same parties. This is known as the rule of (thing decided). Res judicata pro veritate accipitur is the full maxim which has, over the years, shrunk to mere judicata. Section 11 contains the rule of conclusiveness of the judgment, which is based partly on the maxim of Roman Jurisprudence interest reipublicae ut sit finis litium (it concerns the State that there be an end to law suits) and partly on the maxim Nemo debet bis vexari pro una at eadem causa (no man should be vexed twice over for the same cause). The section does not affect the jurisdiction of the court but operates as a bar to the trial of the suit or issue, if the matter in the suit was directly and substantially in issue (and finally decided) in the previous suit between the same parties litigating under the same title in a court, competent to try the subsequent suit in which such issue has been raised. The principle of res judicata is based on the need to give finality and certainty to judicial decisions. The principle of res judicata includes constructive res judicata also.