What do you mean by doctrine of res judicata?

The doctrine of the Res Judicata means the matter is already judged. It means that no court will have the power to try any fresh suit or issues which has been already settled in the former suit between the same parties.

Is principle of res judicata is mandatory?

The onus of proof lies on the party relying on the theory of Res Judicata. The provisions of section 11 of C.P.C. are “not directory but mandatory”. The judgment in a former suit can be avoided only by taking recourse to section 44 of the Indian Evidence Act on the ground of fraud or collusion.

What are the requisites of res judicata?

The essential requisites for the existence of res judicata are: (1) the former judgment must be final; (2) it must have been rendered by a court having jurisdiction of the subject matter and the parties; (3) it must be a judgment on the merits; and (4) there must be, between the first and second actions (a) identity of …

Where does res judicata come from?

The term res judicata is Latin for “a matter decided.” In a 2002 ruling, the California Supreme Court in Mycogen Corporation v. Monsanto Company stated that the doctrine of res judicata “prevents relitigation of the same cause of action in a second suit between the same parties or parties in privity with them.”

What is res judicata describe with the relevant case laws?

According to the dictionary meaning, ‘Res Judicata’ means a case or suit involving a particular issue between two or more parties already decided by a court. Thereafter, if either of the parties approaches the same court for the adjudication of the same issue, the suit will be struck by the law of ‘res judicata’.

Is res judicata affirmative defense?

The doctrines of Res Judicata and Collateral Estoppel are affirmative defenses to claims or issues that have been previously adjudicated in Court and may not be pursued by the same parties. Second, the parties must be the same parties as those who litigated the original action.