RES - JUDICATA
(Section 11)
1. INTRODUCTION:
2. ESSENTIALS / CONDITIONS:
A. Matter Directly and Substantially in Issue in Former & Subsequent Suit are Same
i. Matter in Issue
a. Matter:
Meaning
Matter means necessary facts
Nature of Matter:
Alleged by either party which was either admitted or denied by other party
Expressly or Impliedly:
Explanation III
Matter in Issue must be same. Subject Matter, Cause of action and relief
can be different
b. Issue:
Meaning
Material Point in Dispute
Kinds of Issues:
Issues of Fact
Issues of Law
ii. Directly & Substantially:
Matters for which relief has been sought are matters which are directly and
substantially in issue.
Judgment will stand or not if decision is not given on that matter
a. Actual & Constructive
Actual:
Explanation III
The matter above referred to must in the former suit have been alleged by one
party and either denied or admitted, expressly, or impliedly by the other.
This is called ACTUAL RES-JUDICATA
Constructive
Explanation – IV
Any matter which might and ought to have been made ground of defence or
attack in such former suit shall be deemed to have been a matter directly and
substantially in issue -in such suit.
This is called CONSTRUCTIVE RES-JUDICATA
b. Incidental and Collateral
Unnecessary and irrelevant allegations
Matters which will not affect Judgment
Cross Reference: Order II rule 1 to 5
Order VII rule 7
iii. Former Suit
Explanation – I
The expression "former suit" shall denote a Suit which has been decided prior to
the suit in question whether or not it was instituted prior thereto or during
pendency of appeal
B. Between Same Parties or Parties Under Whom They Claim
i. Party:
Ordinarily means persons whose name is mentioned as Plaintiff or Defendant
But does not include
Person whose name has been struck off
Unrepresented Minor
Person whose name was added fraudulently and without his consent
ii. “Parties Under Whom They Claim”
e.g., Assignee, Transferee, Lessee, etc.
However, transfer of interest must be after filing of suit
C. Parties Litigated Under Same Title
Title means legal capacity or interest of party or legal personality of a party
D. Court Competent to Try Both Suits
Explanation II:
For the purposes of this section, the competence of a Court shall be
determined irrespective of any provisions as to a right of appeal from the
decision of such Court
Competency at the time of filing of suit and not at the time of passing of
judgment
Decisions of Courts of Exclusive Jurisdictions operate as re-judicata on other
courts/tribunals
E. Issue Heard And Finally Decided In First Suit
Appeal is continuation of suit
Decree is not final till limitation period expires
3. RELIEF NOT EXPRESSLY GRANTED:
Explanation V
Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for
the purposes of this section, be deemed to have been refused.
4. PARTIES TO PUBLIC INTEREST OR COMMON INTEREST:
Explanation VI
Where persons litigate bona fide in respect of a public right or of a private right claimed
in common for themselves and others, all persons interested in such right shall, for the
purposes of this section, be deemed to claim under the person so litigating.
5. APPLICATION:
i. Decision must be on merits
ii. Consent of parties cant affect res-judicata
iii. Principal under res-judicata applies even where Section 11 doesn’t apply in terms
e,g., Execution proceedings, Decision on Interlocutory Applications
iv. Plea of re-judicata can be raised first time in appeal
v. If objection of res-judicata is not raised, and Judgment has become final than such
objection shall be deemed to have been waived
vi. Consent Judgment is not res-judicata
6. RES-JUDICATA & ESTOPPEL:
i. Rule of procedural law / rule of evidence
ii. Prohibits the courts / prohibits parties
7. CONCLUSION:
Avoid multifariousness
