Definition
Detailed Explanation
Res judicata (also known as claim preclusion) is a fundamental doctrine that prevents the same parties from re-litigating issues that have been finally decided. The principle serves the dual purpose of ensuring finality of judicial decisions and preventing harassment of defendants through repeated lawsuits.
In Indian law, the doctrine is codified under Section 11 of the Code of Civil Procedure, 1908. The section provides that no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or parties under whom they or any of them claim, litigating under the same title.
Essential Elements
- 1 The matter was directly and substantially in issue in the former suit
- 2 The former suit was between the same parties or parties claiming under them
- 3 The parties litigated under the same title
- 4 The court which decided the former suit was competent to try the subsequent suit
- 5 The matter was heard and finally decided
Leading Cases
Satyadhyan Ghosal v. Deorajin Debi
1960AIR 1960 SC 941
Relevance: Explained the distinction between res judicata and constructive res judicata
Direct Recruit Class II Engineering Officers' Association v. State of Maharashtra
1990(1990) 2 SCC 715
Relevance: Discussed the application of res judicata to constitutional matters
Daryao v. State of U.P.
1961AIR 1961 SC 1457
Relevance: Held that res judicata applies to writ petitions
Usage Example
"The defendant raised the plea of res judicata, arguing that the same matter had been finally decided in an earlier suit between the parties."
Synonyms
See Also
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