What is Res Judicata

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The Res Judicata is the term of code of civil procedure and section 11 deal with the term of Res Judicata, the word came from Latin language in which the means that any matter is already judged or final the term is used for both civil law and common law legal systems where the case has been a final judgment and is no longer subject to appeal and the legal doctrine meant to bar continued litigation of a case on same issues between the same parties. In the case of Res Judicata, the matter cannot be raised again, either in the same court or in a different court. A court will use Res Judicata to deny reconsideration of a matter.

The doctrine of Res Judicata is a method of preventing injustice to the parties of a case supposedly finished, but perhaps also or mostly a way of avoiding unnecessary waste of resources in the court system. Res judicata does not merely prevent future judgments from contradicting earlier ones, but also prevents litigants from multiplying judgments, and confusion. The concern section of CPC is 11 and the contexts and explanation mention below;

SECTION 11 of CPC – RES JUDICATA

No Court shall try 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, 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.

Explanation I – The expression “former suit” shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto.

Explanation II – For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.

Explanation III – The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other.

Explanation IV – Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.

Explanation V – Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused.

Explanation VI – Where persons litigate bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the persons so litigating.

A CASE LAW ON TERM OF RES JUDICATA I.E. 2002 CLC 1996 DEFINED AS UNDER

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Justice requires that every cause once tried and finally adjudicated upon by a competent forum must be deemed to be conclusive and binding on the litigants and the parties driving title from them. The maintenance of public order, the repose of society and the quiet or families requires that what has been definitely determined by competent tribunal shall be accepted as irrefrangibly legal truth. If it were not for the conclusive effect of all such determinations there will be no end of litigation and no security for any person, the rights of parties would be involved in endless confusion and grate injustice often done under cover of law (2002 CLC 1996).

WHAT IS THE DIFFERENCE BETWEEN RES JUDICATE & RES SUBJUDICE

The Res SubJudice term is mention in section 10 CPC which describe below;

SECTION 10 of CPC – STAY OF SUIT

No Court shall proceed With the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in Pakistan having jurisdiction to grant the relief claimed, or in any Court beyond the limits of [Pakistan] established or continued by [the Central Government] and having like jurisdiction, or [the Supreme Court]before

Explanation – The pendency of a suit in a foreign Court does not preclude the Courts in Pakistan from trying a suit founded on the same cause of action.

The Section 10 Stay of Suit or Res Subjudice deal with where the same nature suit or issue pending before the competent court of the land therefore such kind of suit are consider bar, concern case law define the section 10.

The mandate postulated in S.10 of the code should be applied at the earlier stage before the mischief which is intended to be controlled has fully run its course. Once a decree passed the provision of S.10 would become a dead letter from the point of view of the defendant (PLD 1987 Kar. 81)

DIFFERENCE BETWEEN SECTION 10 and 11

R E S   S U B J U D I C E

  • Suit must be pending before competent court.
  • Both the suit must be between same parties.
  • The parties must be litigating in both the suit under the same title.
  • Bars the trial of subsequent suit in which the matter directly and substantially in previously instituted suit between same

R E S   J U D I C A T E

  • The suit must be decided and final order already announced.
  • The same titled suit cannot fill with the same issues and parties.
  •   Once the order announced it deem to be final except the remedy of appeal or other provisions of the concern law.

These both term are describe in code of civil procedure, The Res Subjudice is define in Section 10 and Section 11 deal with Res Judicata.

The Section 10 Bars the parties to fill the suit with same nature, matter, parties which already pending before the competent court and in other hand the section 11 Res Judicata bars the parties to fill the suits which already decided by the competent court of the land.

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