Res judicata

  (Res- judicata)- 

पूर्वीचा दावा कोर्टानं ऐकला आणि त्यावर निर्णय घेतला पण पुन्हा एकदा आदेश पारित   झाल्यानंतर पक्षाच्या एकाने याच कारणासाठी दुसर्‍या कोर्टात दावा दाखल केला पण तो कोर्टाने थांबवला.

नागरी प्रक्रिया कोडच्या कलम 11चा उद्देश-

सदर कलम अमलात आणण्याचा उद्देश  दोन्ही पक्षांच एकूण निर्णय देण्यात आला असेल तर सदर बाब पुन्हा -पुन्हा  कोर्टा समोर मांडली जाऊ नये व कोर्टचा वेळ वाया जाऊ नये.

दोन्ही पक्षांना ही  न्यायालयात सारखे यावे लागू नये व आदेश पारित झाल्यानंतर तो इतर कोर्टा समोर करमणुकीचा विषय होऊ नये यासाठी सदर कलम हा दिलेल्या निर्णयाचे गांभीर्य लक्षात आणण्यास मदत करतो.

थोडक्यात सदर  कलम 11 हा पुन्हा पुन्हा एकाच दाव्या चा कोर्ट समोर आणण्यास तसेच एकाच दाव्यासाठी 2 आदेश पारित करण्यास प्रतिबंध करतो.

नागरी प्रक्रिया कोड मधील कलम 11हा कदी लागू होतो?

 सदर कलम हा लागू होण्यासाठी काही अटी निर्धारित आहेत ज्या खलील प्रमाणे आहेत-

• दोन्ही पक्षकार पुर्वी च्या दाव्यामध्ये देखील पक्षकार म्हणून नमुद असले पहिजेत.

•  दावा दाखल करण्याची कारणे देखील हुबेहू असली पहिजेत.

•  दावा हा कोर्टा द्वारे एकूण त्यावर आदेश पारित झालेला असला पाहिजे.

कलम 11 म्हणजे  न्यायसंगतीस (res judicata ) अभ्यास क्रमानुसार परिक्षेत लिहता येण्यासाठी इंग्लीशमध्ये खलील प्रमाणे आहे-

Res judicata

Section-11  of the civil procedure code, 1908 embodies the Doctrine of res judicata. The term 'Res judicata' means, the "conclusive judgement " given either on the fact of the case or on the point of law or on both fact of the case and point of law. Once the matter is finally decided by the competent court, the Doctrine of res judicata prevents the parties to the suit, to initiate the fresh proceedings on the same cause of action.

According to section 11, " No court shall try any 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 the  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 denotes 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 admittedly, expressly or impliedly, by the other party.

ExplanationIV:- 

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 decrees, shall, for the purposes of this Section, be deemed to have been reused.

ExplanationVI:-

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. 

Explanation  VII:-

The provisions of this Section shall apply to a proceeding for the execution of a decree and references in this Section to any suit, issue or former suit shall be construed as references, respectively to a proceedings for the execution of the decree, question arising in such proceeding and a former proceeding for the execution of the decree. 

ExplanationVIII:- 

An issue heard and finally decided by a court of limited jurisdiction, competent to decide such issue, shall operate as Res judicata in a subsequent suit,  not with standing that such court of limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been subsequently raised. 

Meaning of res judicata- The term "res " means, a thing and " judicata " means, adjudicated.  It means when a matter is adjudicated upon by the competent court then fresh suit on the same subject matter cannot be initiated for the same relief. 

Which maxim related to the Doctrine of res judicata?

Here the maxim- "Memo dente bis vexari pro uka of eadem cause"   is applicable which says that   "No man should be vexed twice for the same cause of action".

Object of the Doctrine of res judicata- 

The object of res judicata is to given finality to the litigation.  It says that, no person should be harassed twice for the same cause of action and should be an end to litigation on the same cause of action.

Put restrain on repeatation on same litigation.

The term and conditions for apply the Doctrine of res judicata under section 11 - 

1- The matter which is directly and substantially in issue inn the subsequent suit, must be the same matter which was directly and substantially in issue in the form of suit. The matter may be actually in issue or it may be in issue constructively.

2- The previously instituted suit must have been a suit between the same parties or between the parties under  whom they or any of them has claim.

3- The tittle of the former suit and later suit must be the same i.e. the parties must litigant under the same title.

4- The court deciding the former suit, must have been competent court and should also be competent to try the subsequent suit.

5- The matter which is directly and substantially in issue in a subsequent suit, must have been heard and finally decided by the competent court in the former suit.

To apply the Doctrine of Res Judicata, all the above conditions must be fulfilled. Only the matters which are directly and substantially in issue, are considered as Res Judicata. Matters which are collateral or incidentally in issue, does not form the subject of res judicata.

The judgement in the former suit binds the parties in the former suit or the parties litigating under them. But, if the parties in the subsequent suit are different, then the Doctrine of Res Judicata will not apply.

The Doctrine of Res Judicata not only includes the matter that were actually claimed in the suit, but also covers matters which might and ought to have been made, if the parties were having an opportunity to contravene it.

This is known as constructive Res Judicata on the grounds in the subsequent suit, which ought to have been made in the former suit, but were not made by the parties are also covered by Doctrine of Res Judicata.

The judgement given by the court not competent to try it shall not operate as Res Judicata.