Explain the principle of res-judicata and it's impact on litigation.

CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2020
Explain the principle of res-judicata and it's impact on litigation.

Answer & Explanation:

The principle of res judicata has been defined in Section 11 of the Code of Civil Procedure, 1908. The principle of res judicata aims at bringing finality to the litigation. The basic principle is that a final judgement rendered by a court of competent jurisdiction is conclusive on merits as to rights of the parties and constitutes an absolute bar against subsequent action involving the same claim. The principle of res judicata applies only under following circumstances: The matter directly and substantially in issue has been directly and substantially in issue in a former suit between same parties or between whom they claim litigation under the same title. The matter is in the court competent to try such subsequent suit or the suits in which such issue has been subsequently raised and has been heard and finally decided. The word former suit means suit decided prior, irrespective of the date of institution. The matter must be decided on merits i.e. the issue was alleged by one party and denied by the other. The principle of res-judicata is one of convenience and not one of absolute justice and it should not be unduly conditioned and qualified by technical interpretations. To sum up, it can be stated that no court will have the power to try any fresh suit or issue which has been already settled in the former suit between the same parties.

Topics: Civil Procedure Code

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