RES JUDICATA(SECTION 11CPC, 1908)

Meaning

• Res Judicata literally means “a matter already judged.”
• It prevents the same dispute (same parties, same subject matter) from being relitigated once it has been finally decided by a competent court.
  Essential Ingredients (Section 11, CPC)

1. Matter directly and substantially in issue – Must have been in issue in the former
   suit.
2. Same parties – Both suits must involve the same parties (or their representatives).
3. Same title – Parties must have litigated under the same title (capacity, right, or
   interest).
4. Competent Court – The former court must have been competent to try the
   subsequent suit.
5. Final decision – The matter must have been heard and finally decided.
6. Directly and substantially – The issue must not be merely collateral or incidental.

Illustration

• If A sues B for ownership of land and loses, A cannot bring another suit against B
  claiming the same land again under the same title.

Doctrinal Basis

• Based on two maxims:
  o Nemo debet bis vexari pro una et eadem causa → No one should be vexed
  twice for the same cause.
  o Interest reipublicae ut sit finis litium → It is in public interest that litigation
  must come to an end.

Please check the PDF documents below for more details.