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res judicata

Latin · rayz joo-dih-KAH-ta · Courts and procedure

Meaning. A matter already finally decided between the same parties cannot be tried again.

Section 11 of the Code of Civil Procedure, 1908 bars a court from trying a suit or issue that was directly and substantially in issue in a former suit between the same parties (or parties under whom they claim), litigating under the same title, in a court competent to try the later suit, where it was heard and finally decided. Explanation IV adds constructive res judicata: a matter that might and ought to have been raised as a ground of attack or defence is deemed to have been in issue.

The rule rests on two maxims: interest reipublicae ut sit finis litium (there should be an end to litigation) and nemo debet bis vexari pro una et eadem causa (no one should be vexed twice for the same cause). It applies beyond s.11 as a general principle, including to writ petitions, as held in Daryao. Contrast res sub judice (s.10), which stays a later suit while the earlier one is pending.

Example

Since the title to the land was finally decided between the same brothers in the 2015 suit, the 2023 suit raising the same title was barred by res judicata.

In Indian law

See also

constructive res judicata · res sub judice · interest reipublicae ut sit finis litium · nemo debet bis vexari pro una et eadem causa

Read more in the study notes

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