Res Judicata


Res means “situation matter” and judicata means “adjudged” or determined and collectively it means “a subject determined”. In less complicated words, the aspect has been judged with the aid of using the court, the problem earlier than a courtroom has already been determined through every other court and among the identical parties. Hence, the court will push aside the case because it has been determined with the aid of using every other court. Res judicata applies to each civil and criminal felony systems. No healthy which has been immediately or not directly attempted in a former healthy may be attempted again.


  • ‘X’ sued ‘Y’ as he didn’t pay rent. ‘Y’ pleaded for the lessening of rent on the ground as the area of the land was less than the mentioned on the lease. The Court found that the area was greater than shown in the lease. The area was excess and the principles of res judicata will not be applied.
  • In a case, ‘X’ new lawsuit was filed in which the defendants requested that the Court dismiss the lawsuit with a plea of res judicata. She was barred from bringing a claim of res judicata because her previous claim was dismissed for fraud. The Court said that the defence of res judicata must be proved by evidence.


The principle of res judicata seeks to sell the honest management of justice and honesty to save the regulation from abuse. The precept of res judicata applies whilst a litigant tries to record a next lawsuit at the equal matter, after having obtained a judgment in a preceding case concerning the equal parties. In many jurisdictions, this is applicable now no longer handiest to the particular claims made withinside the first case however additionally to claims that would were made at some stage in the identical case.

Pre-requisites for Res Judicata

Prerequisites of res judicata includes:

  • A judicial decision by proficient court or tribunal,
  • Final and binding and
  • Any decision made on the merits
  • A fair hearing
  • Earlier decision right or wrong is not relevant.

Scope and nature

Res judicata consists of principles of declare preclusion and problem preclusion. Issue preclusion is likewise referred to as collateral estoppel. Parties can’t sue every different once more after the very last judgment on the idea of deserves has reached in civil litigation. For example, if a plaintiff wins or loses a case in opposition to the defendant withinside the case say A, he can’t likely sue the defendant once more in case B primarily based totally at the identical statistics and events. Not even in a one of a kind court with the identical statistics and events. Whereas in problem preclusion it prohibits the relitigation of troubles of regulation which have already been decided via way of means of the decide as a part of an in advance case. The scope has been determined within the case of Gulam Abbas v. State of Uttar Pradesh. I this situation the court included the regulations as proof as a plea of an problem already attempts in an in advance case. Judgment of this situation turned into tough because the judges must observe res judicata. It was determined that res judicata isn’t exhaustive or even if the problem isn’t immediately included below the provisions of the segment it will likely be taken into consideration as a case of res judicata on general principles.


Doctrine of Res Judicata


The double jeopardy provision of the Fifth Amendment to the U.S. Constitution protects humans from being placed on a 2nd trial after the case has been judged. So the doctrine of res judicata addresses this difficulty and it bars any party to retry a judgment as soon as it’s been decided. Section eleven of the Civil Procedure Court includes the doctrine of res judicata additionally recognized as “ rule of conclusiveness of judgment”.

The doctrine of res judicata has been defined in the case of Satyadhyan Ghosal v. Deorjin Debi. The judgment of the court was introduced through Das Gupta, J. An attraction changed into made with the aid of using landlords who attained a decree for ejectment in opposition to the tenants who had been Deorajin Debi and her minor son. However, they’ve now no longer been but capable of get ownership in execution quickly after the decree was made. An utility was made with the aid of using the tenant below Section 28 of the Calcutta Thika Tenancy Act and alleged that they had been the Thika tenants. This utility changed resisted with the aid of using the landlords announcing they had been now no longer Thika Tenants in the which means of the Act. The tenants moved to the High Court of Calcutta below the Civil Procedure Code. The court carried out the principle of res judicata to gain the finality in litigation. The end result got here that the authentic court, in addition to the better court, can continue for any destiny litigation on the premise that the preceding selection changed into correct.

The doctrine of res judicata says –

  • That no person should be disputed twice for the same reason.
  • It is the State that decides there should be an end to a litigation
  • A judicial decision must be accepted as the correct decision.


The Doctrine of Res Judicata may be understood as some thing which restricts both party to “flow the clock back” at some stage in the pendency of the proceedings. The quantity of res judicata is extensive and it consists of loads of factors which even encompass Public Interest Litigations. This doctrine may be implemented outdoor the Code of Civil Procedure and covers numerous regions that are associated with the society and people. The scope and the quantity have widened with the passage of time and the Supreme Court has elongated the regions with its judgments.

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