Res Judicata under CPC, 1908

🔹 Meaning

• Res Judicata = “a matter already judged.”
• It prevents re-litigation of issues already decided by a competent court between the same parties.
• Objective: To ensure finality in litigation and avoid multiple suits on the same matter.

🔹 Statutory Basis

• Section 11, CPC 1908 “No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties… and has been heard and finally decided by such Court.”

🔹 Essentials of Res Judicata

1. Matter directly and substantially in issue in both suits.
2. Same parties or parties litigating under the same title.
3. Former suit decided by a competent court.
4. Matter heard and finally decided.
5. The issue must have been decided on merits.
6. Applies to suits, issues, execution proceedings, writs, and appeals.

🔹 Important Doctrines Related

1. Constructive Res Judicata (Explanation IV, Sec. 11):
   • If a party could have raised an issue in earlier proceedings but didn’t, he cannot raise it in later proceedings.
   • Example: If “A” could challenge the validity of a contract in the first suit but didn’t, he can’t bring a fresh suit later.
2. Res Sub Judice (Sec. 10):
   • When a matter is already pending in another competent court, the subsequent suit is stayed.

🔹 Leading Case Laws

• Satyadhyan Ghosal v. Deorajin Debi (AIR 1960 SC 941): Finality of litigation is essential for justice.
• Daryao v. State of U.P. (AIR 1961 SC 1457): Doctrine of Res Judicata applies even to writ petitions under Article 32 & 226.
• Sheoparsan Singh v. Ramanandan Prasad (AIR 1916 PC 78): Based on public policy, not merely private rights.
• Workmen v. Board of Trustees of Cochin Port (1978): Constructive res judicata explained.

🔹 Example (Simple)

1. Case 1:
   • A sues B for ownership of land. Court holds that land belongs to B.
   • Later, A sues B again on the same land claiming ownership.
   • Barred by Res Judicata.
2. Case 2 (Constructive Res Judicata):
   • A sues B for recovery of loan but doesn’t claim interest (though he could).
   • Later, A sues B again for interest.
   • Barred under Constructive Res Judicata.

🔹 Exceptions (Where Res Judicata Does NOT Apply)

1. Pure questions of law (jurisdiction, statutory validity).
2. Fraud / collusion in earlier judgment.
3. Habeas Corpus petitions (personal liberty).
4. Changed circumstances giving rise to fresh cause of action.

🔹 Practical Significance

• Prevents multiplicity of suits.
• Ensures judicial discipline.
• Saves time and costs of litigation.
• Protects finality and certainty in legal rights.

✅ Summary:
Res Judicata is a rule of public policy → once a matter is decided, it cannot be re-opened.
It applies not only to suits but also writs, execution, appeals, and arbitration.