According to section (11), “No Court shall try any suit or issue in which the matter’ directly and substantially has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.”
Res-judicata technically means that a matter in issue which has already been tried by competent Court, then trial between the same parties in-respect of the same matter shall not be allowed. Res-judicata is very important doctrine of C.P.C, it emphasis that a subject matter of the suit which has already been decided, is deemed to be decided forever, and can’t be reopened by the same parties. The rule of Res-judicata is based upon the principle that no person should be vexed twice for the same cause of action, and the interest of the State behind this principle is that, there should be an end to litigation.
Object of Res-judicata
The object of Res-judicata is to prevent a question which has already been decided to be re-agitated. A question finally decided at one stage of a proceeding cannot be re-agitated between the same parties or their representatives at a subsequent stage.
Kinds of Res-judicata
There are two kinds of Res-judicata namely; Actual Res-judicata and Constructive Res-judicata.
It means a matter actually resolved by Court, between the parties in earlier suit cannot be reopened through subsequent suit. In-other words an issue has been alleged by one party and either denied or admitted, (expressly or impliedly) by other party in earlier suit, second suit in respect of the same matter can not be filed, and if any is filed, the same would be hit by actual Res-judicata.
It means a matter which might and ought to have been made ground of claim or defense in a former suit, but a party ignores it, then that issue shall be deemed to have been a matter directly and substantially in issue in such suit. In other words if a party had an opportunity that he ought to have taken a plea (as a plaintiff or defendant) if he fails to do so, and the matter is decided, the decision will operate as Res-judicata in-respect of all issues, which were taken, and which ought and might have taken/ and second suit would not lie for such issue.
Essential conditions of res-judicata
For applicability of Res-judicata the following conditions must be present:
- A previous suit in which the matter in issue directly and substantially should have been decided.
- A competent Court of Civil jurisdiction should have decided it.
- It should have been decided on merits and final decision should have been made after hearing.
- It should contain directly and substantially same matter in issue.
- It should have been contested between the same parties or their legal representatives, such parties are indulging litigation under the same title, with respect to the same cause of action.
If these conditions are fulfilled then subsequently/further instituted suit shall be liable to be dismissed by application of doctrine of Res-judicata.