Rule Of Res Judicata

 The principle of Res judicata is explained under section 10 of Civil procedure code 1908 which is  a Latin term that translates to "a matter already  adjudicated." It refers to a legal principle that prohibits the same matter from being re-litigated or re-tried in court after a final judgment has been entered by a court of competent jurisdiction. Essentially, it means that once a court has made a final decision on a particular issue or case, that decision is final and binding, and cannot be challenged or re-litigated in another court. 

This principle is based on the idea that there should be finality and certainty in legal proceedings, and that parties should not be allowed to endlessly re-litigate the same issue.Res judicata serves as an important principle in the legal system because it promotes judicial efficiency, reduces the burden on courts, and encourages the finality of legal disputes. It prevents parties from using the court system as a means of harassment or engaging in frivolous or vexatious litigation.There are two types of res judicata: claim preclusion (also known as "cause of action estoppel") and issue preclusion (also known as "collateral estoppel"). Claim preclusion prevents parties from bringing a new lawsuit based on the same cause of action or claim that has already been adjudicated in a prior lawsuit. 

Issue preclusion prevents parties from re litigating an issue that has already been decided in a prior lawsuit, even if the new lawsuit involves a different cause of action.

In order for res judicata to apply, the prior judgment must have been final, valid, and rendered by a court of competent jurisdiction. Additionally, the parties to the prior lawsuit must be identical or in privity with the parties to the new lawsuit. 

Finally, the issues or claims raised in the new lawsuit must be the same or substantially similar to those raised in the prior lawsuit.Res judicata is sometime treated as part of the doctrine of estoppel ,but the two are essential different.Estoppel is the part of law of evidence and prevent a man from saying one thing one time and the opposite thing another time ,while res judicata  precludes a man from avowing the same thing in successive litigation.

Overall, res judicata plays an important role in maintaining the integrity of the legal system by ensuring that final judgments are respected and that parties cannot endlessly relitigate the same issues.

2012 MLD 

2019 MLD 1259

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