Section 11 of the Civil Procedure Court incorporates the doctrine of res judicata also known as “ rule of conclusiveness of judgment”.
Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter adjudged”.
In simpler words,
- the thing has been judged by the court, the issue before a court has already been decided by another court and between the same parties.
- Hence, the court will dismiss the case as it has been decided by another court.
- Res judicata applies to both civil and criminal legal systems.
- No suit which has been directly or indirectly tried in a former suit can be tried again.
The doctrine of res judicata says –
- That no person should be disputed twice for the same reason.
- It is the State that decides there should be an end to a litigation
- A judicial decision must be accepted as the correct decision.
In the historic case of Daryao v. State of Uttar Pradesh, the doctrine of res judicata is of universal application was established. The Supreme Court of India placed the doctrine of res judicata on a still broader foundation.
In this case,
- petitioners filed a writ petition in the High Court of Allahabad under Article 226 of the Constitution.
- But the suit was dismissed.
- Then they filed independent petitions in the Supreme Court under the writ jurisdiction of Article 32 of the Constitution.
- The defendants raised an objection regarding the petition by asserting that the prior decision of the High Court would be operated as res judicata to a petition under Article 32.
- The Supreme Court dismissed and disagreed with the petitions.
- The court held that the rule of res judicata applies to a petition under Article 32 of the Constitution.
- If a petition is filed by the petitioner in the High Court under Article 226 of the Constitution and it is dismissed on the basis of merits, it would be operated as res judicata to bar a similar petition in the Supreme Court under Article 32 of the Constitution
