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  • Res Judicata: Presented By-Aarushi Jain Namgay Priya Garg

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    The document discusses the legal doctrine of res judicata. Res judicata, or "a matter adjudged", establishes that once a court has come to a final decision on the merits of a case, the parties or their privies cannot relitigate issues that were or could have been decided in the prior case. The key factors for res judicata are identity of the parties, subject matter, and cause of action. Exceptions include judgments obtained by fraud or a change in the law. The doctrine aims to promote finality and consistency in judicial decisions and prevent endless relitigation of issues already decided.

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    The document discusses the legal doctrine of res judicata. Res judicata, or "a matter adjudged", establishes that once a court has come to a final decision on the merits of a case, the parties or their privies cannot relitigate issues that were or could have been decided in the prior case. The key factors for res judicata are identity of the parties, subject matter, and cause of action. Exceptions include judgments obtained by fraud or a change in the law. The doctrine aims to promote finality and consistency in judicial decisions and prevent endless relitigation of issues already decided.

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    16 views8 pages

    Res Judicata: Presented By-Aarushi Jain Namgay Priya Garg

    Uploaded by

    priya
    The document discusses the legal doctrine of res judicata. Res judicata, or "a matter adjudged", establishes that once a court has come to a final decision on the merits of a case, the parties or their privies cannot relitigate issues that were or could have been decided in the prior case. The key factors for res judicata are identity of the parties, subject matter, and cause of action. Exceptions include judgments obtained by fraud or a change in the law. The doctrine aims to promote finality and consistency in judicial decisions and prevent endless relitigation of issues already decided.

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    RES JUDICATA

    PRESENTED BY-
    AARUSHI JAIN
    NAMGAY
    PRIYA GARG
    INTRODUCTION

    In Law of roman , there is maxim “Ex Capito res judicata Which means for Any individual
    dispute One decision and one suit is sufficent .
    Section 11 of code of civil procedure -if Once a matter is decided finally By the court
    which have jurisdiction , then no other party Is allowed to open it again In any other suit
    OBJECTIVES

    It is based on three maxims –

    • Nemo debet lis vaxari pro eadem causa


    • Interest republicae ut sit finis litium
    • Re judicata pro veritate occipitur
    FACTORS OF BINDING RESJUDICATA

    • Cause identity
    • Identity of the thing
    • Party identity
    • Whether it is final judgement
    • Whether parties Was given full opportunity of being heard
    ESSENTIALS OF RES JUDICATA

    • There must be two suits


    • Matter of issue must be directly related to previous issue
    • Parties must be same
    • Title must be same
    • The decision must be given by the court which has jurisdication
    • Heard and finally decided
    DOES RESJUDICATA APPLY TO WRIT PETITION

    • In Daryo Singh v. State of U.P.


    the petitioner has filed a writ petition in High Court of Allahabad under Article 226
    and it was dismissed. He further filled writ petition in Supreme Court under Article
    32 of the constitution for same relief and same ground. The Supreme Court
    dismissed the petition and upheld the contention of High Court. Hence the principle
    will also apply to writ petitions.
    that the doctrine of Res Judicata will not apply to a writ of “Habeas Corpus”.
    EXCEPTION TO RES JUDICATA

    • Judgment in original suit obtained by fraud


    • Different cause of action
    • Court not comptent to decide
    • When there is Change in law
    • Waiver of Decree of resjudicata
    CONCLUSION

    • Section 11 of Civil Procedure Court, 1908 states that court can apply Res Judicata when
    he thinks that matter is already decided by the former suit. This doctrine is not only
    applied to the Civil courts but also to the administrative law and other legislation in India.
    The principle of finality on which plea of res judicata lies is the matter of public policy.
    The doctrine of Res Judicata is to prevent multiple judgments and protects the rights of
    the other party by restricting the plaintiff to recover the damages twice from the
    defendant on the same injury.

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