Hi all the budding lawyers!
I would like 2 know the meaning of Res Judicata?
Kanhaiya Singh (Advocate) 09 September 2008
Res judicata- No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and sustantially in issue in former suit between the same parties, or between parties under whom they or any of them claim, litigating the same title, in a court copetent to try such subsequent suit in which such issue has been sustantially raised, and has been heard and finally decided by such court.
The rule of res judicata enacted in section 11 of the CPC is based on the principle that a decision once rendered by a copetent court on a matter in issue between the parties after a full inquiry should not be permitted to be raised over again.
prof s c pratihar ( urologist &legal studies) 09 September 2008
RES SUBJUDICE AND RESJUDICATA ------GENERAL---------------------------------------i intend to discuss two important doctrine i)Doctrine of ressubjudice----section10 andii)Doctrine of resjudicata---section-11. ---section 10 deals with stay of civil suits.it provides that no court shall proceed with the trialin any suit in which the matter in issueis also directly and substantelyin issue in previous instituted suit between the same parties and that the court in which the previous suit is pendingis competent to grant the relief claimed.section 11 on the other hand relates to a matter already adjucated upon.it bars the trial of a suit or an issuein which the matter directly or substantiallyin issue has already beenadjudicated upon in a previous suit.pl note this is a difficult chapter for exm purpose.----drscpratihar
SHEKHAR MISHRA (public servant) 10 September 2008
res judicata means things adjudicated previously by a court of competent jurisdiction.Go through sec 11 of cpc. Res judicata restricts multiplicity of suits and unnecessary litigation.
SIVACHANDRAN (Advocate) 10 September 2008
If the new case filed in and out of the same cause of action in which you have filed a case pending or decided the same before any court of law.
Shree. ( Advocate.) 10 September 2008
Latin, A thing adjudged.
A rule that a final judgment on the merits by a court having jurisdiction is conclusive between the parties to a suit as to all matters that were litigated or that could have been litigated in that suit.
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 11 October 2008
Res Judicata means: When a matter - whether on a question of fact or a question of law - has been decided between two parties in one suit or proceeding by the competent court, and the decision is final, either because no appeal was taken to a higher court or because the appeal was dismissed, or no appeal lies, neither party will be allowed in a future suit or proceeding between the same parties to convass the matter again.
rajat. nlu (student) 24 June 2011
section 11 of c.p.c. clearly esplain that res-judicata means two conflicting decision on same issue between same parties - later decision would operate as res - judicat.. in a simple word it means that once the matter is finally decided by a competent court, no party can be permitted to re-open it in subsequent litigation. The principle underlines that no one shall be vexed twice for the same cause...