“The scope of the principle of res judicata is not confined to what is contained in section 11 of CPC....” Explain the concept of res judicate.....

Question: “The scope of the principle of res judicata is not confined to what is contained in section 11 of CPC but is of more general application. Res judicata could be as much applicable to different stages of the same suit as to findings on issues in different suits.” Explain the concept of res judicate, and distinguish it from res sub-judice. [HPJS 2019]

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Answer

The principle of Res Judicata, derived from the Latin term meaning "a matter already judged," prevents the re-litigation of issues that have been finally decided by a competent court. Enshrined under Section 11 of the Code of Civil Procedure (CPC), 1908, it mandates that no court shall try any suit or issue which has been directly and substantially in issue in a former suit between the same parties and has been finally decided.

However, the scope of Res Judicata is not confined strictly to Section 11 of CPC. It operates as a broader doctrine of public policy, ensuring finality in litigation, avoiding multiplicity of suits, and protecting individuals from vexatious proceedings. Courts have recognized that this principle applies not only to different suits but also to different stages within the same suit. In Satyadhyan Ghosal v. Deorajin Debi (AIR 1960 SC 941):

The Supreme Court held that Res Judicata applies not only to separate suits but also to different stages of the same suit. Once an issue has been finally decided, it cannot be reopened in subsequent proceedings within the same case.

Key Elements of Res Judicata

• Matter must have been directly and substantially in issue.
• Issue must have been heard and finally decided.
• Decision must be by a competent court.
• Parties in both suits must be the same or claim under the same title.

Section 11 is in its terms not exhaustive and is not the sole repository of the principle of application of res judicata. The doctrine of res judicata or estoppel by record, is not mere a technical doctrine, but is a fundamental doctrine, of all the courts based on the twin principles - that there must be an end to litigation and, that man should not be vexed twice over for the same cause. [Maghraj Calla v. Kajodi Mal, AIR 1949 Raj 11]

Res sub-judice is governed by Section 10 of the CPC. It refers to the situation where a matter is already pending adjudication before a competent court. The principle mandates that no court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties.

While res judicata ensures finality in judicial decisions, res sub-judice prevents parallel litigation. Both principles are pivotal in maintaining judicial discipline, reducing litigation clutter, and upholding the integrity of the legal system.

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