Res Judicata meaning
So for the very first we have to understand the meaning of res and judicata.
Res means “subject matter” and judicata means “adjudged” i.e., decided and togetherly it’s “a matter adjudged”.
In other words the thing has already been judged by the court, the issue before a court has already been decided between the same parties. anf the court has power to dismiss the case as it has been decided by another court.
Res judicata applies to both civil and criminal legal systems. No suit which has been directly or indirectly settled in a former suit can be tried again.
In section 11 of the Civil Procedure Code the doctrine of res judicata has been defined. Section 11 provides that no court shall try any suit or issue in which the matter has been directly and substantially in issue (Issues of fact, Issues of law, Mixed issues of law and fact) in a former suit between the same parties (A party is a person whose name appears on the record at the time of the decision) and has been heard and finally decided. It is not the date on which the suit is filed that matters but the date on which the suit is decided; so that even if a suit was filed later, it will be a former suit within the meaning if it has been decided earlier.
The doctrine of res judicata has been explained in the case of Canara bank VS. N.G. subbarya setty
The doctrine of res judicata states –
- That no person should resolve his disputes twice for the same reason
- It decides there should be an end to a litigation
- A judicial decision must be accepted as the correct decision.
