S 11 Cpc Flashcards
Res Judicata Intro -1
Res judicata, governed by Section 11 of the Code of Civil Procedure, 1908, is a doctrine that prohibits a court from re-examining a case that has already been conclusively decided by the same court, involving the same parties, subject matter, and under the same title.
Res Judicata Intro -2
In simple terms, if a matter has been previously adjudicated and a final judgment has been delivered on it, it cannot be re-litigated.
Maxim of Res Judicata-1
The doctrine of Res Judicata serves several important objectives in the legal system. These objectives are based on three underlying maxims:
Nemo debet bis vexari pro una et eadem causa: This Latin proverb means “no man should be vexed twice for the same cause”.
The basic goal of Res Judicata is to save the parties from having to go through endless litigation over the same problem.
Once an issue has been determined definitively by a competent court, the same parties should not be permitted to re-litigate the same dispute.
Maxims of Res Judicata-2
Interest reipublicae ut sit finis litium: This Latin maxim means “it is in the best interests of the State to put an end to litigation”. The Res Judicata concept enhances judicial efficiency and the finality of rulings. It guarantees that disagreements are settled definitively, lowering the pressure on the legal system and eliminating unnecessary and time-consuming litigation.
Res Judicata maxim -3
Res judicata pro veritate occipitur: This Latin proverb translates as “a matter adjudged is accepted as correct”. Res Judicata creates a presumption of validity and finality for decisions made by competent courts. The court’s judgements are said to be founded on a thorough assessment of the facts and law, and they should not be readily reversed.
Conditions to impose Res Judicata -1
The following requirements must be met in order to establish Res Judicata as a legitimate defense in a future suit:
Same Matter in Issue: The matter directly and substantially in issue in the succeeding suit must be the same as the matter directly and substantially in issue in the previous suit, either actually or constructively.
Conditions to impose Res Judicata -2
Litigating Under the Same Title: The parties in the first complaint must have been litigating under the same title as they are in the second. In other words, in both circumstances, they should have the same legal interest in the subject matter.
Conditions to impose Res Judicata - 3
Competent Court: The court that resolved the previous suit must be competent to hear the future suit or suit involving the same subject. This assures that the previous suit’s ruling was made by a court with competent jurisdiction.
Conditions to impose Res Judicata -4
Final Decision: The court in the prior litigation must have heard and eventually determined the topic immediately and significantly in question in the following suit. Res Judicata must be used after a final judgement on the merits of the case.
