Under the Civil Procedure Code (CPC) in India, the principle of res judicata is enshrined in Section 11.
Section 11 of the CPC states that once a matter has been finally decided by a court, no court shall try the same issue again between the same parties or their legal representatives.
Section 11 of the CPC has two conditions for res judicata to apply:
1. The matter in issue must have been finally decided by a court in a previous suit.
2. The parties or their legal representatives in the subsequent suit must be the same as those in the previous suit.
If both conditions are met, the matter is said to be res judicata, and the court will not re-examine the issue. This rule is applies to both civil & criminal cases.
The principle of res judicata is a fundamental concept in the Indian legal system, and it aims to promote judicial efficiency, avoid conflicting judgments, and encourage parties to settle their disputes in a timely manner.
By preventing the same issue from being litigated repeatedly, res judicata ensures that there is finality and certainty in legal proceedings.