res judicata
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
- Section 11 and Explanation IV, Code of Civil Procedure, 1908
- Daryao v. State of U.P., 1961 INSC 116: res judicata applies to writ petitions under Article 32
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
- Res judicata and bar to further suit (sections 11 and 12) (Civil Procedure Code and Limitation Act)
- Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
- Enforcement of arbitral awards and foreign awards (Alternative Dispute Resolution Systems)
- Relevance of judgments of courts (sections 34 to 38) (Bharatiya Sakshya Adhiniyam)
- Estoppel (Bharatiya Sakshya Adhiniyam)
- Res sub judice: stay of suit (section 10) (Civil Procedure Code and Limitation Act)