Principle of Res Judicata.pptx is a part

it important in procedural law which is a course under faculty of law

1. Principle of Res Judicata Presentation by : Anushreeya GC Roll number : Sixteen (16) 4 th Semester , BALLB , Nepal Law Campus

2. Concept of Res Judicata Res Judicata is a Latin term that means “a thing already decided”. It has followed the Latin maxim Nemo debet leis vexari eadem cause which means that no one shall be twice vexed (i.e. debated or discussed). It is also the interest of the State that there should be an end to the litigation. Thus, res judicata is the principle that a cause of action may not be relitigated once it has been judged on the merits . In simpler words, it is used in court to deny reconsideration and prevent the court from re-litigation regarding the same issue between same parties.

3. The principle of res judicata may be used either by a judge or a defendant. Once a final judgment has been handed down in a lawsuit, subsequent judges who are confronted with a suit that is identical to or substantially the same as the earlier one will apply the res judicata doctrine to preserve the effect of the first judgment. The legal concept of res judicata arose as a method of preventing injustice to the parties of a case supposedly finished, but perhaps mostly to avoid 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, so a prevailing plaintiff could not recover damages from the defendant twice for the same injury.

4. 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. Thus, 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 . Rationale - The principle of res judicata is founded upon the principles of justice, equity, and good conscience and it applies to various civil suits and criminal proceedings. The purpose of this principle was to inculcate finality into litigation . 

5. Res judicata includes two main concepts : Claim preclusion Issue preclusion

6. Claim preclusion bars a suit from being brought again on an event which was the subject of a previous legal cause of action that has already been finally decided between the parties or those in privity with a party. I ssue preclusion bars the re litigation of issues of fact or law that have already been necessarily determined by a judge as part of an earlier case.

7. For res judicata to be binding, following factors must be met: Former decision should be made through the court having competent jurisdiction. The issue of the former case and present case should be directly and substantially same. The cause of action of the former case and present case should be directly and substantially same. The parties must have litigated under the same title in the former suit. It is not sufficient having same parties and issue but in fact, matter was heard and finally decided in the former case.

8. Res judicata can not be applied in the following grounds : If the former case has been decided through fraud. If the former case was fictitious. If the former case has been decided through incompetent court i.e. beyond jurisdiction.  Administrative decision, domestic and departmental investigation can not work as res judicata. In fact, if the former case was not heard and finally decided. For example: if the former case has been dismissed due to non legal format, immature time or lack of jurisdiction.

9. Legal provisions for Res Judicata principle Section 14. Principle of res judicata to be followed : Once a case is filed and adjudged, the court shall not hear and adjudge the case involving the same matter and the same plaintiff and defendant more than once, except for an appeal made in the case or non-execution of the deed of compromise. Section 89. Plaint to be made only once : (1) After a person has filed a plaint against another person on a matter in a court pursuant to Section 87, that person may not make another plaint against that another person on the same matter in the same court or in any other court.

10. Continue Section 94. Plaint not to be made on matter adjudged : (1) Once a judgment is made on any matter, the same party may not file a plaint again against the same person on the same matter, instead of making appeal against such a judgment in accordance with law. According to Number 85 of Court proceeding of General code , after a case is filed in and adjudged by the office, a plaint in the same case against the same litigant shall not be received and tried, if it is not an appeal against the judgment in accordance with law. Even though it is received, it shall be revoked .

11. Continue Similarly, according to Article 20 (6) of the Constitution of Nepal 2072 , no person shall be tried or punished for the same offense in a court more than once. (also known as Principle A gainst Double Jeopardy ) As per court proceeding No. 92 of the General code , appellant or applicant may withdraw appeal or application other than a case in which the Government of Nepal is a plaintiff. After submitting the withdrawal paper, the Court will give permission to withdraw the case. Then the case neither re-litigate, nor make an appeal. But It can not be applied in the case of partition due to inherent and fundamental right. According to S ection 11 of Civil procedure code 1908 of India , “no Court shall try any suit or issue in which the matter directly and substantially in 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".

12. References https://blog.ipleaders.in/overview-on-doctrine-of-res-judicata/ Principle and Practices of Procedural Law by Adv. Ram Prasad Aryal Muluki Ain 2074 Notes