1.

INTRODUCTION
 Under civil procedure code, the term Res Judicata shows that once a decision has been
made for a particular issue by the court, in this case both of the parties are unable to file
the same case again in the court for determination. It is called Res Judicata. The
Pakistani legal system gives a high value to the final decision of the court and allows
plaintiff to file a case once only.

2. RELEVANT PROVISION
(i)Section 11 of the CPC deals with the term Res judicata.
(ii) Cross Reference:
(i) Section 151 of C.P.C
(ii) Section 403 Cr.P.C

3. MEANING OF RES JUDICATA:

"The term Res Judicata signifies, that the matter in dispute has been considered and finally
settled, and that the adjudication has a conclusive effect, upon the rights determined".

4. DEFINITION OF RES JUDICATA

(I) According to Spencer Bower:

Res judicata means "a final judicial decision pronounced by a judicial tribunal having
competent jurisdiction over the cause or matter in litigation and over the parties thereto"

(II) Simple Definition:

Res Judicata is meant that a plaintiff who has filed a lawsuit against a defendant and court has
made final decision on it, in this case court does not allow to file a lawsuit against the same
defendant for the same wrong.

EXPLANATION:
What it says is that once res judicata it shall not be adjudged again primarily it applies as between
past litigation and future litigation. When a matter whether on a question of fact or a question of law
has been decided between two parties in one suit or proceeding and the decision is final, either
because no appeal was taken to a higher court or because the appeal was dismissed or no appeal lies,
neither party will be allowed in future suit or proceeding between the same parties to canvass the
matter again.

5. BASIS OF RES JUDICATA

Following are the basis of principle of res judicata.

1. No one would be sued twice for the same wrong

2. It is in the interest of state that the litigation (lawsuit) should come to an end.
3. A judicial decision of the court must be accepted as correct
 Case Law: Bahadur vs Umar Hayat (PLD 1993)
"Res Judicata is based on the consideration, that it would result in hardship to individual, if he
were to be vexed twice for the same cause, and it is in the interest of state, that there should be an
end to litigation"

6) THE DOCTRINE OF RES-JUDICATA IS BASED ON THREE MAXIMS.

(i) Namo Debt LIX Vexari Prounaeteaden Causa:

"No man should be vexed (annoy) twice over for the same cause”

(ii) Interest Republicaeut Sit Finislitium:

"It is in the interest of the state that there should be an end to a litigation"

(iii) Resjudicata Proveritate Occipitur: "A judicial decision must be accepted as correct”

7) REASONS FOR RES JUDICATA:

Following are the reasons for the principle of Res Judicata

(I) EFFICIENCY OF COURT:

Efficiency of Court requires, that finality should be given to judicial decisions and res judicata works for
this purpose.

(II) PUBLIC CONVENIENCE:

It is for the public convenience, that having been tried once. all litigation about that cause should be
concluded forever between those parties.

(III) MAINTENANCE OF SOCIETY:

The maintenance of Public order and society requires that what has been definitely determined by
competent tribunals shall be accepted as legal truth.

(IV) SECURITY OF RIGHTS:

If the principle of Res Judicata not apply then the most important function of Government that of
ascertaining and enforcing persons rights, would go unfulfilled.

8) PRINCIPLE OF RES JUDICATA U/S 11 C.P.C

It is not every matter decided in a former suit that can be pleaded, as res judicata in a subsequent suit, but
in order to constitute a matter res judicata the following conditions must be present.

Case Law: 2002 CLC KAR. 1620

The principle of Res Judicata is embodied in section 11 of CPC by virtue of which subsequent Court is
barred to try a suit where the matter directly and substantially in issue, is been decided
by a Court of competent jurisdiction.

9) ESSENTIAL INGREDIENTS/CONDITIONS FOR THE APPLICABILITY OF

SECTION 11:
To apply section 11 following essentials ingredients/conditions must be fulfilled,

(i) Same Matter in Issue:

All the matter in issue must be same in both the suits. The term matter means necessary facts, constituting
the claim or defence.

Directly or Substantially: Matter in both suits must be directly and substantially same

"A matter shall be directly in issue which have been alleged by one party and either denied or
admitted expressly or impliedly by the other "A matter shall be substantially in issue if it is important
and valuable for the decision of the case"

(ii) Same Parties:

Both the suits must have been between the same, parties or their representatives under whom they or any of
them claim For the purposes of res judicata a person can either be:

a) a party or

b) Claim under a party ie. privy

c) or be represented by a party to a suit, or

d) be a complete stranger

Examples: If A sues B for a declaration of title to a certain land and obtains a decree and A, then sues
C for possession and C contends that B is the owner of the land and he is in possession as tenant of B
the defence is barred by the principle of Res Judicata.

Ordinarily, a person whose name appears on the record as a plaintiff or defendant at the time of the decision
of the suit, is a party for the purposes of res judicata, but where the name is omitted in the formal order by
mistake such person will still be bound A person who intervenes in a suit will be considered to be a party A
Judgment as such will not operate as res judicata upon some persons, even though they may have been
parties to the suit at same stage.

For Instance:

1. A party whose name is struck off or who is discharged from the suit.

2. A person whose name is born on the record fraudulently and without his knowledge.

3. A person whose application be made a party has been refused.

(iii) Same Title:

The parties must be contesting in both the suits, under the same title,

The term "Titles" refers to the legal capacity on interest of a party of legal personality of a party In order
that a matter be res judicata not only should the parties be the same, but such parties should litigating under
the same title as in the former suit. The title will be the same in the following cases

(i) Former suit as husband's heir and subsequent suit as claimant for dower

(ii)Former suit against firm and subsequent suit against partner thereof

A verdict against a man suing in one capacity will not stop him when he sues in another capacity Thus,
where a suit is brought by a person for possession of math property in the capacity of an heir of the deceased
mahant but the suit fails because of his failure to establish heir ship, he is not debarred to bring an other suit
in the capacity of manager of the math property.

(Iv) First Suit Must Be Decided:

Such matter in issue in a subsequent suit must have been heard and finally decided by the Court in the first
suit.

(v) Competency of Court:

The Court which decided the former suit, means the suit which has been decided prior to the suit in question,
whether or not it was instituted prior in time, must be competent to try the subsequent suit.

10)KINDS OF RES JUDICATA

Following are the two kinds of res judicata.

1. Actual res Judicata

 Actual res judicata means that if two parties have filed a lawsuit which actually has
been resolved by the court, it cannot be re-opened by filing another lawsuit by the
same parties for the same wrong. If such lawsuit is filed in this case such lawsuit
would be hit by the actual res judicata.

2. Constructive res judicata

 Constructive res judicata means that if a party who had been given an opportunity by
the court to take a plea (appeal) but the party gets failed to make an appeal and court
resolves the issue. It will become res judicata and cannot be re-opened by filing
another lawsuit by the same parties for the same wrong.

2002 CLC 1620

The doctrine of constructive Res Judicata is embodied explanation IV to sec 11 of CPC.

 12)DIFFERENCE BETWEEN ACTUAL AND CONSTRUCTIVE RES JUDICATA:
Following are the differences between actual and constructive res judicata.

1. As to application
 Actual res judicata applies on issues as well as on suits.
 Constructive res judicata applies on issues only

2. As to Claim
 Actual res judicata applies on claims either accepted or denied
 Constructive res judicata applies not on claims

3. As to plea
 Actual res judicata does not give opportunity for plea
 Constructive res judicata gives opportunity for plea

4. As to presumption
 Actual res judicata is not based on any presumption

 Constructive res judicata is based on presumption

13)EXCEPTIONS FOR APPLICATION OF DOCTRINE

Following are the exceptions for the application of the doctrine of res judicata.

1. If the decision is obtained by undue influence

2. If the decision is made by the incompetent court
3. If the matter is different from the any other matter
4. If the parties are different from the any other parties
14 ) CASE LAWS:

2010 MLD 439

The matter directly and substantially in issue in subsequent suit must have been heard and finally decided
by the court in first suit.
2013 MLD 978
Res-judicata is a point muted and adjudicated upon in a judicial manner in accordance with law.
2015 YLR 135
Principle of res-judicata is based on the principle that there must be an end of litigation and parties should
be vexed twice for the same subject matter in the same in the same cause of action.

15)CONCLUSION
Under section 11 of civil procedure code, the term res judicata prevents the parties to file a same lawsuit
again for which a competent court has already been made its decision. There are certain conditions for
applicability of this term such as final decision, same case, same parties and competency of the court is
also considered in this regard.