Key Principles and Applicability of Res Judicata
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Res Judicata meaning and application
Res judicata is an expression or a phrase evolved from a Latin maxim that means ‘the thing has been judged’. It can also be determined as a term that means once a matter is adjudicated or decided, or arbitrated, cannot be re-adjudicated or re-decided, or re-arbitrated. Res Judicata is a combination of two words, Res which means ‘subject matter’, and Judicata which means ‘adjudged or decided’. Together it is known as ‘a matter adjudged or decided’. For instance, if a case is presented before the Court which has been already decided by another court having the same cause of action and between the same parties then the court will dismiss the case and apply Res judicata doctrine ‘to preserve the effect of the first judgment’. This further prevents injustice to the parties and avoids unnecessary waste of resources as well as time of the judicial system. Applying the doctrine of Res judicata ensures that no defendant gives damages twice for the same injury to a prevailing plaintiff. As a concept, it is applicable in cases of Criminal and Civil legal systems. The doctrine of Res judicata is based on three Latin maxims which are listed as follows:
- Nemo debet bis vexari pro una et eadem causa, means no man should be vexed (punished, annoyed) twice for the same cause.
- Interest reipublicae ut sit finis litium, means it is in the interest of the state that there should be an end to litigation.
- Res judicata pro veritate occipitur, means a judicial decision must be accepted as correct.
If it is allowed to file a suit endlessly for the same cause action then it would become impossible to deal with the increasing number of suits by the existing courts. This may lead to disorder and confusion which will further disturb the peace of the society. It is based upon the principle of equity, good conscience, and justice. Some of the conditions for the application of Res Judicata include same parties, same title as of former suit, issue is the matter is same in former and subsequent suit, suit is decided by a competent court, and a final decision is provided.
Kinds of Res Judicata
There are two kinds of Res Judicata which are defined below:
Direct Res Judicata
Direct Res Judicata means a matter that is resolved by a court, cannot be reopened through subsequent suit between the parties.
Constructive Res Judicata
Constructive Res Judicata provides that if a plea could be taken by a party in a court proceeding but he/she did not take that plea at that time, then he/she could not be permitted to take that same plea against the same party in subsequent court proceedings with reference to similar cause or subject-matter. If an individual is allowed to take such a plea then the doctrine of finality of judgments would be affected. It is also known as an artificial form of Res judicata.
Res Judicata under Indian law
Res judicata under Indian law has been embodied under Section 11 of the CPC (Code of Civil Procedure), 1908. It illustrates that if a matter is finally decided by a competent court then the parties involved in the matter are not permitted to reopen it in subsequent litigation. Section 11 states, “No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.” While determining the application of Res Judicata in Indian Courts, the Satyadhyan Ghosal vs. Deorjin Debi case is identified where the doctrine of Res Judicata is explained briefly. Hon’ble Justice Das Gupta stated that “The principle of Res Judicata is based on the need of giving a finality to judicial decisions. What it says is that once a respondent is judicata, it shall not be adjudged again. Primarily it applies as between past litigation and future litigation, When a matter- whether on a question of fact or a question of law- has been decided between two parties in one suit or proceeding and the decision is final, either because no appeal was taken to a higher court or because the appeal was dismissed, or no appeal lies, neither party will be allowed in a future suit or proceeding between the same parties to canvass the matter again.” In Indian law, Section 11 of CPC incorporates Res Judicata and is also addressed as the ‘rule of conclusiveness of a judgment’.
Key principles of Res Judicata
Following are the key principles of Res Judicata:
- The matter is directly and substantially in issue in the subsequent suit.
- The matter is directly and substantially in issue in the former suit.
- The former suit and subsequent suit must have the same parties.
- The Court which decided the former suit must be a competent court.
- The matter should have been decided on the grounds of merits and a final decision should have been made.
Applicability of Res Judicata
The principle of Res Judicata is applicable only when the matter was heard and finally decided by a competent court on merits.
Non-Applicability of Res Judicata
If the case is not finally heard and decided, Res Judicata does not apply:
- If the “Former suit was disposed of ex-parte”.
- If the “Former suit was dismissed for failure to produce evidence”.
- If the “ Former suit was dismissed for Pre-Mature”.
- If the “Former suit was for want of cause of action”.
- If the “Former suit was dismissed for Non-Joinder or Misjoinder”.
Purpose of Res Judicata
The purposes of Res judicata are defined as follows:
- To prevent overburdening of the judiciary by multiplicity of suits.
- To prevent injustice to the parties of a previously decided suit.
- To prevent recovery of damages from the defendant twice for the same cause.
- To prevent unnecessary wastage of the court’s time and resources.
List of Related Cases
Conclusion
Res Judicata is a time-tested old principle of law that has been acknowledged by many civilizations under Roman law. It was known as ex captio res judicata. Likewise In the ancient Indian scripture ‘Brihaspati Smriti’ ‘Prangnayaya’ is mentioned which means ‘previous judgment’. Supreme Court in its landmark decision in the Employee Welfare Association v. Union of India ruled that the “principle of Res Judicata is not a technical rule, it is a rule of public policy”. So, Res Judicata is an acknowledged principle of law and is essential for delivering fair justice.
