What is Res judicata?

What is Res judicata

Section 11 C.P.C. contains the principles of res judicata or the rule of collusiveness of judgment, as to the points decided either of fact, or of law, or of fact and law, in every subsequent suit between the same parties. Section 11 provides that once the matter is finally decided by a competent court, no party can be permitted to re-open it in subsequent litigation. In the absence of such rule there will be no end to litigation and the parties would be put to constant trouble, harassment and expenses. This doctrine has been accepted in all civilized legal systems.

Difference between Res judicata and Stare decisis

Code of Civil Procedure

Res judicata means “a thing adjudicated”; “a case already decided”; or “a matter settled by a decision or judgment”. Stare decisis means “to stand by decided cases”, “to uphold precedents”, “to maintain former adjudications”, or “not to disturb settled law”. Those things which have been so often adjudged ought to rest in peace. Res judicata … Read more

Constructive Res Judicata

Code of Civil Procedure

The rule of constructive res judicata in Section 11 of the Civil Procedure Code is an artificial form of res judicata. It provides that if a plea has been taken by a party in a proceeding between him and the defendant he will not be permitted to take pleas against the same party in the following proceeding … Read more