Distinguish between Res judicata and Estoppel

Question: Distinguish between Res judicata and Estoppel.

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Answer

The distinction between Res Judicata and Estoppel

Section 11 of the Civil Procedure Code, 1908 relates to the principle of res judicata. Res Judicata which means matter already adjudged upon cannot be re-agitated again, or a matter in which judgment is already pronounced. The Doctrine Res Judicata is based upon the principle that one should not be vexed twice for the same cause and there should be the finality of litigation. It helps to prevent endless litigations. It is based on public policy.

Res judicata

1. Res-judicata results from the decision of a court.
2. The rule of res-judicata proceeds on the ground of public policy, i.e., there should be an end to litigation
3. Res-judicata prevents a man from agitating the same thing in successive litigations.
4. Res-judicata ousts the jurisdiction of the court to try the case.
5. Res-judicata binds both parties to the litigation.

Indian Evidence Act 1872, Part III Chapter VII containing Sections 115 to Section 117 lay down the provisions relating to the Doctrine of Estoppel. Section 116 of the said Act deals with estoppel of tenant and of the licensee of persons in possession.

According to Section 115 of the Indian Evidence Act, “When one person has by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.”

Estoppel

1. Estoppel results from the act of a party.
2. The rule of estoppel proceeds upon the doctrine of equity i.e., that one who by his conduct has induced another to alter his position to his disadvantage can not be allowed to turn round and take advantage of such alteration in others position. Estoppel prevents a man from saying one thing at one time and the opposite thing at another time.
3. Estoppel shuts the mouth of a party, being a rule of evidence under section 115 of the Evidence Act.
4. Estoppel bind only that party who made the previous statement of conduct.

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