Res Judicata under Civil Procedure Code, 1908

Introduction

• Res Judicata: A legal doctrine meaning "the matter is already judged".
• Originates from the Latin maxim "Res judicata pro veritate accipitur".
• Prevents re-litigation of the same issues between the same parties after a final judgment.

Historical Background

• Traces back to ancient legal systems (e.g., Roman and Germanic laws).
• Adopted in England initially using foreign analogies and later formulated as a domestic doctrine.
• Incorporated in the Indian legal system via Section 11 of the Civil Procedure Code (CPC).

Key Roman Maxims

1. Nemo debet lis vaxari pro eadem causa: No one should be vexed twice for the same cause.
2. Interest republicae ut sit finis litium: It is in the state's interest that there be an end to litigation.
3. Re judicata pro veritate occipitur: Court decisions are to be regarded as truth.

Explanation of Terms

What is a Suit?

• Suit: Civil proceeding initiated by filing a plaint (Section 26 of CPC).

What is an Issue?

• Issue: A point of contention that requires determination, can be of fact, law, or a mix.
• Order XIV CPC: Details the framing and determination of legal issues.

Substantial and Collateral Issues

• Substantial Issue: An issue essential to the decision of a case.
• Court must decide if a determination is foundational to the main issue.

Changed Circumstances

• Kerala and Delhi High Courts Rulings: Changes in circumstances allow for reconsideration, not barred by Res Judicata.

Same Parties Under Same Title

• "Same Title": Refers to the same legal interest or capacity, not the cause of action.

Court Competence

• Competent Court: Former suit must have been decided by a court having jurisdiction to try the subsequent suit.

Scope of Res Judicata

• Extends beyond civil courts to administrative and constitutional law.

Essentials of Res Judicata

1. Two suits (former and subsequent).
2. Same parties in both suits.
3. Same subject matter.
4. Final decision in former suit.
5. Former suit decided by a competent court.
6. Parties litigating under the same title.

Exceptions to Res Judicata

1. Judgments obtained by fraud.
2. Dismissed Special Leave Petitions (SLP).
3. Different cause of action.
4. Interlocutory orders.
5. Waiver of Res Judicata.
6. Former court without jurisdiction.
7. Change in law.

Application in Writ Proceedings

• Res Judicata applies with some conditions.
• Exceptions include protection of fundamental rights.

Application in PIL, Arbitration, and Tax Proceedings

• PIL: Not applicable.
• Arbitration: Not applicable.
• Income Tax: Decisions do not constitute Res Judicata in subsequent years.

Res Judicata between Co-plaintiffs

• Conditions similar to those between co-defendants.

Loopholes and Criticism

• Not applicable in appeals.
• Can hinder justice delivery.
• Limited exceptions and potential for re-litigation.

Conclusion

• Res Judicata is a critical component of legal systems worldwide, ensuring finality and preventing multiple judgments on the same issue.
• Applied widely across different domains of law, emphasizing public policy and justice.

Note: This summary is intended as a study aid and does not cover all intricacies of the doctrine of Res Judicata.