Write notes on the following : Applicability of principle of res judicata.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2019
Write notes on the following : Applicability of principle of res judicata.

Answer & Explanation:

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. In other words, a matter once litigated, when it is adjudicated on merits, the same matter must not agitated in another court. 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 competent court 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.

Topics: Civil Procedure Code

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