Question: Does the principle of res judicata apply if the previous decision of the court was erroneous in law? Give reasons and also refer to case-law, if any on the point?  Find the answer to the mains question only on Legal Bites. [Does the principle of res judicata apply if the previous decision of the court was erroneous in… Read More »

Question: Does the principle of res judicata apply if the previous decision of the court was erroneous in law? Give reasons and also refer to case-law, if any on the point? Find the answer to the mains question only on Legal Bites. [Does the principle of res judicata apply if the previous decision of the court was erroneous in law? Give reasons and also refer to case-law, if any on the point?] Answer Yes, the doctrine of res judicata is applicable even if the previous decision of the Court...

Question: Does the principle of res judicata apply if the previous decision of the court was erroneous in law? Give reasons and also refer to case-law, if any on the point?

Find the answer to the mains question only on Legal Bites. [Does the principle of res judicata apply if the previous decision of the court was erroneous in law? Give reasons and also refer to case-law, if any on the point?]

Answer

Yes, the doctrine of res judicata is applicable even if the previous decision of the Court was erroneous in law- Tarini Charan Bhattacharjee v. Kedar Nath Haldar, 115 Ind Cas 593.

In this case, the court held that the question of whether a decision is correct or erroneous has no bearing upon the question of whether it operates or does not operate as res judicata. The doctrine is that in certain circumstances the Court shall not try a suit or issue but shall deal with the matter on the footing that it is a matter no longer open to contest by reason of a previous decision.

In these circumstances, it must necessarily be wrong for a Court to try the suit or issue, come to its own conclusion thereon, consider whether the previous decision is right and give effect to it or not according as it conceives the previous decision to be right or wrong.

To say, as a result of such disorderly procedure, that the previous decision was wrong and that it was wrong on a point of law, or on a pure point of law, and that, therefore, it may be disregarded, is an indefensible form of reasoning. For this purpose, it is not true that a point of law is always open to a party.

Hence, in view of the above decision, it is crystal clear that the doctrine of res judicata applies even if the previous decision of the court was erroneous in law provided that the cause of action in the subsequent suit is the same as the former suit.


Important Mains Questions Series for Judiciary, APO & University Exams

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Updated On 2021-12-16T12:16:31+05:30
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