RES JUDICATA

*Section 11 of Civil Procedure Code, 1908*

Res Judicata means a thing decided.

Res Judicata is the Latin term for “a matter judged“,

It can apply in a case where has be there has been a final judgment and it is no longer subject to appeal;

It can also be used to bar (stop, block) continued litigation of a case on same issues between the same parties.

 

The doctrine includes two related concepts – Claim preclusion and Issue preclusion.

Claim Preclusion

Claim preclusion focuses on baring a suit from being brought again on a legal cause of action that has already been finally decided between the parties.

Issue Preclusion

Issue preclusion bars the re-litigation of factual issues that have already been necessarily determined by a judge as a part of an earlier claim.

 

Doctrine of res judicata is based on three maxims-

1. Nemo debet bis vexari pro una et eadem causa – It means no man shall be punished twice for the same offence.

2. Interest Reipublicae Ut Sit Finis Litium – It means it is in the interest of the state that there should be an end to litigation. or Litigation must come to an end.

3. Res Judicata Pro Veritate Accipitur – It means that a judicial decision must be accepted as correct.

 

Nemo bis punitur pro eodem delicto also means almost the same as Nemo debet bis vexari pro una et eadem causa.

 

This post has a list of some very important legal maxims and words that all law students must know about.

Click here to read Civil Procedure Code in a beautiful, systematic way or download its PDF.

Click here to read Section 11 of CPC that talks about Res Judicata.


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