Introduction
Res Judicata is a phrase which has been evolved from a Latin maxim which stands for ‘the thing has been judged’. In other words, it means that the issue has already been decided by any other Court, between the same parties. Therefore, the Court will dismiss the case before it. Res Judicata is a concept that is applicable both in the case of Civil as well as a criminal legal system. The term is also used to mean as to ‘bar re-litigation’ of such cases between the same parties, which is different between the two legal systems. Once a final order has been announced in a suit, the subsequent judges who are confronted with a suit identical to or substantially the same as an earlier one, they would apply the doctrine of Res Judicata ‘to preserve the effect of the first judgment’.
It is to prevent injustice to the parties of a case disposed of, but perhaps mostly to avoid unnecessary waste of resources and time of the Judicial System. And, therefore, the same case cannot be taken up again either in the same or in any different Court of India. This is just to prevent them from multiplying judgments, so a prevailing plaintiff may not recover damages from the defendant twice for the same injury.
Binding Force of Res Judicata
Following factors must be met up with:
- identity in the thing at suit;
- the cause of action should be the same;
- identity of the parties to the action;
- identity in the designation of the parties involved;
- whether the judgment was final;
- whether parties were given equal and fair opportunity to be heard on the issue.
Therefore, Res Judicata, in a nutshell, is a judicial concept wherein the Courts do not allow a petition to be filed in the same or to the other Court. The party also could not file the petition or to continue the petition. In Administrative Law, the concept of Res Judicata deals only in with aspects related to the Writ Proceedings.
Also Read: New Standards for delivering Justice
History and Origin of Res Judicata
The full Latin maxim is “Res judicata pro Veritate accipitur” which has, over the years, shrunk to mere “Res Judicata”. The concept of Res Judicata finds its evolvement from the English Common Law system. It is being derived from the overriding concept of judicial economy, consistency, and finality. From the common law, it not only included in the Code of Civil Procedure but also later as the Indian legal system adopted a whole.
Res Judicata under Civil Procedure Code, 1908
The doctrine of Res Judicata under the civil legal system is much narrower compared to common law nations. Section 11 of The Code of Civil Procedure 1908 deals with this concept. It embodies the doctrine of Res Judicata or the rule of conclusiveness of judgment, as to the points decided either of fact, or of law, or of fact and law, in all subsequent suit between the same parties. As per this doctrine, once a matter is finally decided by a competent court; it can permit no party to reopen it in subsequent litigation. In the absence of this doctrine, there will be no end to litigation and the parties would be put to constant trouble, harassment, and expenses.
Applicability of doctrine of res judicata based on:
1) There must be a final judgment.
2) The judgment must be on the merits.
3) The claims made must be the same in the first and second suits.
4) All parties in the second action must be the same as those in the first or have been represented by a party to the prior action.
The Doctrine of Res Judicata is a concept based on public policy and private interest. It is conceived in the larger public interest, which requires that every litigation must end. Therefore, it applies to civil suits, execution proceedings, arbitration proceedings, writ petitions, administrative orders, taxation matters, interim orders, criminal proceedings, etc.
Overview of Res Judicata as a concept under Administrative Law
The Doctrine of Res Judicata applies to the Code of Civil Procedure, 1908. But, in many other statutes, there is a use of the doctrine. The role played by the Administrative Law is that of a watchdog. It seems that there is no use of power which has a malicious intention.
In the law of administration, the use of this doctrine is that it administers how well the Judiciary does its work, how efficiently the Judiciary disposes of the case and makes itself applicable where there is over one petition filed in the same or in the other court of India. The parties can file another suit in another court, just to malign and harass the reputation of the opposite party or can do so for receiving compensation twice from the different courts. In Administrative Law, the doctrine works as a working principle and has been adopted or taken from the CPC, 1908. In International Law, Section 38 (1) (c) is dedicated towards the doctrine of Res Judicata.
Conclusion
The Doctrine of Res Judicata emphasis on a balance between the two largely separated poles. One side ensures an efficient judicial system that renders final judgments with certainty and prevents the inequity. Res Judicata does not restrict the appeals process. Once the appeals process is waived, Res Judicata will apply even to a judgment contrary to law.
Also Read: Role of Lawyer in Legal System
We can understand the Doctrine of Res Judicata as something which restrains either party to “move the clock back”. The scope of Res Judicata is very wide. It includes a lot of things that even include Public Interest Litigations.
By Mohit Goyal,
An Intern in the Law Offices of Kr. Vivek Tanwar, Advocate and Associates