Meaning of Res Judicata in CPC

Meaning of Res Judicata in CPC

Res Judicata is the Latin term for ‘a matter judged.’ It means ‘a thing decided.’ Section 11 of the Civil Procedure Code, 1908, talks about Res Judicata.

Res Judicata applies in a case where there has been a final judgment, and it is no longer subject to appeal. Res Judicata can also be used to bar (stop, block) continued litigation of a case on the same issues between the same parties.

Bare Act PDFs

The doctrine includes two related concepts:-
1. Claim preclusion
2. Issue 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 bars the re-litigation of factual issues that have already been necessarily determined by a judge as a part of an earlier claim.

Res Judicata is Based on 3 Maxims

The doctrine of res judicata is based on three maxims. They are:-

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.

Related: Similarities and Differences Between Res Sub Judice and Res Judicata