Moratorium Trial of Second suit on Variant matter
Doctrine of Res-Judicata has been designed for baring the trial of the second suit on the same subject matter which has already been decided by the court in first suit.
It says- “When in a suit a subject matter either directly or substantially has been decided between the parties under the same title finally by the court, there shall be no trial of the same subject matter and under the same title”
The importance of this doctrine is observed in the Case of Satyadhyan Ghosal and ors. Vs. Sm. Deorajin Debi 1960 The S.C. observed that is the absence of this doctrine there will be no end of litigation & the parties would be to put in constant trouble, harassment & expenses.
It says- “When in a suit a subject matter either directly or substantially has been decided between the parties under the same title finally by the court, there shall be no trial of the same subject matter and under the same title”
The importance of this doctrine is observed in the Case of Satyadhyan Ghosal and ors. Vs. Sm. Deorajin Debi 1960 The S.C. observed that is the absence of this doctrine there will be no end of litigation & the parties would be to put in constant trouble, harassment & expenses.
Res-Judicata relies upon
This doctrine relies upon particular roman maxims:-
“NEMO DEBET BIS VEXARI PRO UNA ET EADEM CAUSA”- This means, that no man should be vexed twice for the same cause.
“INTEREST REIPUBLICAE UT SIT FINIS LITIUM”-This says that, it is in the interest of the state, that there should be an end to the litigation.
“RES-JUDICATA PRO VERITATE ACCIPITUR”- This expresses, that a judicial decision must be accepted as a correct decision.
“NEMO DEBET BIS VEXARI PRO UNA ET EADEM CAUSA”- This means, that no man should be vexed twice for the same cause.
“INTEREST REIPUBLICAE UT SIT FINIS LITIUM”-This says that, it is in the interest of the state, that there should be an end to the litigation.
“RES-JUDICATA PRO VERITATE ACCIPITUR”- This expresses, that a judicial decision must be accepted as a correct decision.
Exceptions
Although it has a universal application, but still there are few exceptions exists:
Habeus Corpus- This doctrine applies overall the writ, except the writ of habeus corpus and this particular exception has been accepted by S.C. in case of Daryao & ors.Vs. State of U.P. 1961
Taxation matters- The tax liability is decided yearly, it has a dynamic process. Therefore, this doctrine does not apply to it.
Compromise or consent decrees- As, we all know for the application of this doctrine, former suit has been heard and finally decided by the court. But in the compromise or consent decrees, case is been decided on the basis of agreement of the parties rather than hearing of the parties.
Interlocutory orders- This doctrine does not applies over the partially decided matters. As the S.C. said in the case of – Pandurang Ramchandra Mandalik Vs. Smt. Shantabai 1989 that the hearing of matter & conclusive determination, both are necessary.
Once the particular matter is finally decided shall always be final
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Compromise or consent decrees- As, we all know for the application of this doctrine, former suit has been heard and finally decided by the court. But in the compromise or consent decrees, case is been decided on the basis of agreement of the parties rather than hearing of the parties.
Interlocutory orders- This doctrine does not applies over the partially decided matters. As the S.C. said in the case of – Pandurang Ramchandra Mandalik Vs. Smt. Shantabai 1989 that the hearing of matter & conclusive determination, both are necessary.
Once the particular matter is finally decided shall always be final
kindly share this link https://shataxiamicuslex.blogspot.com/2019/09/blog-post.html
Over all good but may i know that why the res judicata does not apply on habeas Corpus except other writs.
ReplyDeletePlea of res- judicata should not violate any fundamental right of the citizen, and for the writ of habeas corpus, doctrine of constructive res-judicata would not apply.
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