SEVEN PROMISES SHOULD BE TAKEN BEFORE CHOOSING LLB

1. I have already enjoyed my lie in childhood

2. I love tensions
3. I love to work on Sundays and holidays
4. I want to take revenge from myself
5. I do not marry before 35
6. I want to study till my death
7. I do not want hair on my head

Literal meaning of Res-Judicata

‘Res’ ‘Judicata’
‘R’REs

Subject Matter Decided

General Meaning of Res-Judicata

suit competent court-------Matter concussively decided---same parties

Subsequent suit same cause of action

Section 11 is based on 3 latin maxims

1. Interest republicae est sit finis litium it is in the interest of state that litigation should come to
an end
2. Nemo Debet Bis Vexari Pro Una Et Eadem Cause- No man ought to be vexed twice for the
same cause of action
3. Res-Judicata pro veritah seliptor--Judicial decision must be accepted as correct

Essential conditions of Res-Judicata

 1. Suit must be maintainable & be of civil nature
2. There must be2 suits prior and subsequent suit
3. Parties in both suits must be same or litigating under same title
4. Matter is issue must be decided by court of competent jurisdiction
5. Matter must be directly and substantially in issue
6. Heard and finally decided in the former

1. Word ‘Directly’ here means the any fact directly associated

with an issue
Directly &
2. Word’ substantially’ means fact which is substantial for
substantially in
determination of an issue
issue
3. Explanation IV, Section 11 also called as constructive Res-
Judicata

Heard & finally

decided

Practical Approach - A suppose claiming possession of house

ISSUE IS
possession
A Possession B

Suit
 Mesne Profit

2nd Suit

A In different cause of action the B

concept of ORDER ii,

RULE 2 is applied and non Res-judicata

ABC Recovery suit of Rs.100000

ABC

Not a registered Suit was dismissed XYZ

XYZ
partnership

Applicability of Res-Judicata:

1. It applies to question of fact

2. It applies to mixed question of fact &law
3. It applies does not apply to technical grounds
4. It applies does not apply to pure questions of law

ABC XYZ
Suit was dismissed

Files another suit after registration

A POSSESSION
B

A POSSESSION X B

On ground of heir ship

A Possession X B
on ground of heir ship

Adverse possession

Heard & finally decided

1. When no appeal lies to an order or decree

2. When appeal is finally decided by the court
3. When barred by law of limitation

Cases where matter pending and not finally decided. In such cases doctrine of Res-Subjudice will apply.

Orders when not heard &finally decided

1. suit dismissed for want of notice

2. if it has become insfructuous
3. in compromise suits
4. dismissed for want of action
5. suit dismissed on ground of jurisdiction
6. suit dismissed for non-joinder of parties

CASE LAWS:

1. chandulal V/s Khalilur Rahaman,1950:- An Ex-party decree passes by a competent court on

merits will operate as Res-Judicata. The fact that the dfendent did not appear and the decree is
ex-party is immaterial for application of sec-11 of the code.
2. Bhagat ram v/s State of rajasthan,1972-: Once a person is acquitted or convicted by a
competent criminal courts, he cannot once again be tried for the same offence
3. Centre of Indian trade unions v/s union of India, 1997:- The doctrine of Res judicata is of
universal application. It is a fundamental concept in the organization to every jural society. The
rule therefore should apply even to criminal proceedings.
4. M.S.M.Sharma V/s Dr.shree Krishna, 1960:- Supreme Court for the first time held that the
general principle of Res Judicata applies even to writ petition filed under Article-32 of
constitution of India.

Applicability of Res Judicata:

1. It applies to question of fact

2. It applies to mixed question of facts &law
3. It doesn’t apply on technical grounds
4. It doesn’t apply to pure questions of law
This doctrine is based on 3 latin maxims:

1. Interest reipublicae ut sit finis litium

2. Nemo debet bis vexari pro una et eadem causa
3. Res judicata pro veritate occipitur
4.