CLASS – B.A.LL.B.

9TH SEM
SUBJECT – (CPC) CIVIL PROCEDURE CODE
CODE (BL-903)

RES JUDICATA (Pragnyaya)


Meaning

Previous Judgment

Latin Term

“a matter decided”

Also known as claim preclusion

Latin Maxim

“ The thing has been judged.”

 Res Judicata is a phrase which has been evolved from latin maxim , which stand for „the thing
has been judged’ meaning there by that the issue before the court has already been decided by
another court, between the same parties. Therefore , the court will dismiss the case before it as
being useless.
 Definition :- Res Judicata means a matter finally decided on its merits by a court having
competent jurisdiction and not subject to litigation again between the same parties.
 According to Sec. 11 of C.P.C. , 1908 :- The doctrine of the Res Judicata means the matter is
already judged. It means that no court will have the power to try any fresh suit or issues which
has been already settled in the former suit between the same parties.
The doctrine of Res Judicata ( Sec. 11, CPC) i.e. the rule of conclusiveness of a
judgment is based on the three maxims.
1- No man should be vexed twice for the same cause.
2- It is in the interest of state that there should be an end to a ligitation.
3- A judicial decision must be accepted as correct.

 The Principle of Res Judicata is founded on the ancient Indian Principle of Pragnyaya (Previous
Judgment)

 Daryao Vs. State of Uttar Pradesh AIR 1961 SC :- In this case court held that Res Judicata is
based on the consideration of Public Policy.
Conditions for applicability of the doctrine of Res Judicata ( Sec 11)
1- The matter must be directly and substantially in issue in two suits.
2- The prior suit must have been between the same parties or persons claiming under them.
3- Such parties must have litigated under the same title in the former suit.
4- The court which determined the earlier suit must be competent to try the latter suit ( Subject
to be provisions contained in Explanation VIII)
5- The question directly and substantially in issue in the subsequent suit should have been heard
and finally decided in the earlier suit.

 Question of Res Judicata mixed question of Law or Fact.

 Explanation of Sec. 11

1. Former Suit 2.Competency 3.On Merit 4. Constructive 5. If no relief has 6.Represe 7. Res Judicata 8. The supreme
of Court Res Judicata been granted shall also apply
ntative court shall also
and court is Suit to execution be bound by the
Which has Accepted Denied silent on that proceeding principle of Res
been divided point it shall be
Judicata in
formerly considered as it
respect of
although it has been
matter or issue
was not rejected or
denied by such which has been
instituted finally
courts
formerly determine by
( If judge is silent ) competent court
having the
limited
Jurisdiction.
 Constructive res judicata ( Explanation IV to Sec 11)
“ Any matter which might and out to have been made ground on defense of attack in a
former suit shall be deemed to have been a matter directly and substantially in issue in
such suit”
(Fatah singh vs. Jagan nath AIR 1925)
Explanation VII to Sec. 11 :- Res – judicata shall also apply to execution proceeding.
(Ram Kripal Vs. Roop Kumari Allahabad High Court)
It specifically provides that the provisions that the provisions of Section 11 Civil
directly apply to execution proceedings also.
Kalipada Vs. Dwajipada
Sec. 11 is inclusive not exclusive court may include a new groung for res-
judicata by using its internet power. (Sec. 151)
Sulochna Amma Vs. Narayanan Ayyar Air 1994 SC
Any judgement made by an incompetent court is not barred by the principle of
res-juducata.
Manohar Lal Chopra Vs. Saeth Hera Lal Air 1962 SC
Sec. 11 is not mandatory.
 Res Judicata between co-defendants :- An adjudication with operate as Res Judicata between
co-defendants if the following conditions are satisfied.
1- There must be a conflict of interest between co-defendants.
2- It must be necessary to decide that conflict in order to give relief to the plantiff.
3- The question between co-defendants must have been finally decided; and
4- The co- defendants were necessary or proper party in the former suit. ( Vide –
Munni Bibi Vs. Triloki Nath , AIR 1931 PC)

 Difference between Res Sub Judice and Res Judicata

S.No. Res Sub Judice Res Judicata

1 Sec. 10 of CPC (Stay of suit ) Sec. 11 of CPC
2 No court shall proceed No court shall try
3 Where two or more suits are under proceedings, Previous suit or issue has been decided
no one has been disposed off
4 Both suits are pending in the same court or In the same court or different court.
different courts within India.
5 All the courts must be of competent jurisdiction to Previous court must be of competent
determine both the suit previous court must be jurisdiction
competemnt to determine the latter suit
6 Between the same parties or under the same title Between the same parties under the same title
or between their legal representative claimed
under the same title.
7 On the same cause of action or issue On the same cause of action or same issue
8 Res Sub Judice applies to a matter pending trial Whereas Res Judicata applies to a matter
(Sub – Judice ) adjudicated upon ( res judicatum )
 Difference between Res Judicata and Estoppel
S.No. Res Judicata Estoppel
1 Sec. 11 of CPC 1908 Sec.115 of Evidence Act , 1872
2 Result of decision of a court It follows from the act of the parties
3 Res Judicata bars multiplicity of suits Estoppel Prevents the multiplicity of
representations
4 It‟s based on public policy It proceeds upon the doctrine of equity
5 It prohibits a man averring the same thing It prevents from saying one thing at one
twice in successive litigations time and the opposite at another.
6 It binds both the parties to a litigation It binds only that party who made the
previous statement or showed the
previous conduct.

Conclusion:- hence, we can conclude “Res Judicata means a final judicial decision pronounced by a
judicial tribunal having competent jurisdiction over the parties thereto.”
It enacts that once a matter is finally decided by a competent court, no party can be permitted to re-open it
in a subsequent litigation.
Compiled by
Dr. Vikas Kumar
Assistant Professor
ILS, CCSU campus, Meerut
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