Discuss the applicability of resjudicata between co-defendants. Explain with the help of relevant provisions.....

Question: Discuss the applicability of resjudicata between co-defendants. Explain with the help of relevant provisions of law and decided cases. [HPJS 2023]

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Answer

The principle of res judicata is founded on the maxim “nemo debet bis vexari pro una et eadem causa”—no person should be vexed twice for the same cause of action. Section 11 of the Code of Civil Procedure, 1908 (CPC) embodies this principle, which prevents the re-litigation of issues that have been conclusively decided between the parties to a suit. While res judicata typically applies to disputes between plaintiffs and defendants, it is also applicable to co-defendants under certain circumstances.

Applicability of Res Judicata Between Co-Defendants

For the doctrine of res judicata to apply between co-defendants, the following conditions must be satisfied:

• A conflict of interest must exist between the co-defendants.
• The issue between the co-defendants must have been directly and substantially in issue in the former suit.
• The court must have conclusively decided the issue after providing an opportunity of hearing to all co-defendants.
• The decision on the issue must have been necessary to the ultimate decision of the suit.

When these elements are satisfied, a co-defendant is barred from re-litigating the same issue against another co-defendant in a subsequent proceeding.

Mahboob Sahab v. Syed Ismail & Ors., AIR 1995 SC 1205: The Supreme Court held that for res judicata to apply between co-defendants, it must be established that there was a conflict of interest between them in the earlier suit and that the decision on such conflict was necessary for the final adjudication of the suit.

Shivraj Singh v. Raghunath Singh, AIR 1977 SC 63: The Supreme Court held that a finding in a previous suit between co-defendants on a matter directly in issue would operate as res judicata in a subsequent suit if the decision was necessary to the judgment and both parties had an opportunity to present their case.

Mudaliar v. Narayana, AIR 1980 SC 1803: The Court ruled that if co-defendants are adversaries and the court resolves the issue between them, the decision will operate as res judicata in a subsequent suit between them.

Illustration

A files a suit against B and C for possession of property. B claims that C has no right over the property, and C disputes this. The court decides that C holds a valid title over the property. In a subsequent suit between B and C, the earlier judgment would operate as res judicata since the conflict of interest between the co-defendants had been directly adjudicated and was necessary to the court's final decision.

The principle of res judicata is applicable between co-defendants where there exists a conflict of interest, the issue is directly in question, and the court’s determination of such conflict is necessary for the final outcome of the suit. The doctrine prevents multiplicity of litigation and ensures the finality of judicial decisions, thereby upholding the integrity of the judicial process.