Question: Explain the essential conditions and objects of Res judicata. Find the answer to the mains question only on Legal Bites. [Explain the essential conditions and objects of Res judicata.] Answer Essentials Conditions for Res Judicata The issues involved, adjudicated, and decided in a former suit can’t always operate as res judicata in a subsequent suit. As per… Read More »

Question: Explain the essential conditions and objects of Res judicata. Find the answer to the mains question only on Legal Bites. [Explain the essential conditions and objects of Res judicata.] Answer Essentials Conditions for Res Judicata The issues involved, adjudicated, and decided in a former suit can’t always operate as res judicata in a subsequent suit. As per section 11 of the code, a matter to be termed as res judicata must satisfy the following conditions: Matter in...

Question: Explain the essential conditions and objects of Res judicata.

Find the answer to the mains question only on Legal Bites. [Explain the essential conditions and objects of Res judicata.]

Answer

Essentials Conditions for Res Judicata

The issues involved, adjudicated, and decided in a former suit can’t always operate as res judicata in a subsequent suit. As per section 11 of the code, a matter to be termed as res judicata must satisfy the following conditions:

  1. Matter in a suit– A matter cannot be said to have been directly and substantially in issue in a suit unless it is alleged by one party and denied or admitted, either expressly or by necessary implication.
  2. Same parties or parties under whom any of them claim– Parties are a person whose name is on the record at the time of the decision, and a party may be a person who has intervened in the suit.
  3. Litigation under the same title– That the parties to the subsequent suit must have litigated under the same title in the former suit.
  4. Competent Court– In the subsequent suit, it is necessary that the court which tried the former suit must have been a court competent to try the subsequent suit.
  5. Finality– When the court has exercised its judicial mind and has, after argument and consideration, come to a decision on a contested matter.

Objects of Res Judicata

The doctrine of res Judicata is propounded in the larger public interest with a view to ending all litigation sooner than later. The principle has been propounded on the footing of justice, equity, and a good conscience which requires a party to be not harassed multiple times involving the same issue.

In India, the rule of Res judicata is enshrined under Section 11 of the Civil Procedure Code which lays down this principle in a statutory form. The rule is founded on public policy and upon the need of giving finality to judicial decisions.

The doctrine of Res Judicata has been originated from 3 Roman maxims:

  1. Nemo debit bis vexari pro eadem causa– It means that no person should be vexed annoyed, harassed, or vexed two times for the same cause;
  2. Interest republicae ut sit finis litium– It means that it is in the interest of the state that there should be an end of litigation; and
  3. Res judicata pro veritate occipitur– The decision of the court should be adjudged as true.

Important Mains Questions Series for Judiciary, APO & University Exams

  1. CPC Mains Questions Series: Important Questions Part – I of X
  2. CPC Mains Questions Series: Important Questions Part – II of X
  3. CPC Mains Questions Series: Important Questions Part – III of X
  4. CPC Mains Questions Series: Important Questions Part – IV of X
  5. CPC Mains Questions Series: Important Questions Part – V of X
  6. CPC Mains Questions Series: Important Questions Part – VI of X
  7. CPC Mains Questions Series: Important Questions Part – VII of X
  8. CPC Mains Questions Series: Important Questions Part – VIII of X
  9. CPC Mains Questions Series: Important Questions Part – IX of X
  10. CPC Mains Questions Series: Important Questions Part – X of X

 

Updated On 2021-11-27T03:41:22+05:30
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