Describe the principle of Res Judicata. Whether principle of Res Judicata is applicable against co-plaintiffs and co-defendants?....

Question: Describe the principle of Res Judicata. Whether principle of Res Judicata is applicable against co-plaintiffs and co-defendants? If yes, under what circumstances? [MPJS 2021]

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Answer

The principle of Res Judicata, enshrined under Section 11 of the Code of Civil Procedure, 1908 (CPC), aims to prevent the same matter from being litigated repeatedly. Derived from the Latin maxim "Res Judicata pro veritate accipitur," meaning "a matter adjudged is taken as the truth," it establishes that once a dispute has been conclusively decided by a competent court, the same parties or their representatives cannot reopen the same issue in subsequent proceedings. The objective is to provide finality to judgments, reduce litigation, and avoid conflicting decisions.

For the application of Res Judicata, the following conditions must be satisfied:

• The matter directly and substantially in issue in the subsequent suit must have been directly and substantially in issue in the previous suit.
• The parties in both suits must be the same or have a legal relationship.
• The court that decided the previous case must have had jurisdiction.
• The decision in the previous suit must have been final and on merits.

The principle of Res Judicata is applicable to co-plaintiffs and co-defendants, but only under specific circumstances.

Circumstances for Applicability:

Co-plaintiffs: The principle can apply if the following conditions are met:

• There is a conflict of interest between co-plaintiffs.
• The matter in question was directly in issue between the co-plaintiffs.
• The court provided a final decision on the matter.
• The co-plaintiffs had the opportunity to contest the issue in the earlier proceedings but failed to do so.

Example: In a suit where co-plaintiffs claim different rights over the same subject matter, if the court settles a dispute between them in the final judgment, they cannot later bring a fresh suit against each other over the same matter.

Co-defendants: Similarly, Res Judicata applies to co-defendants when:

• There is an existing conflict of interest between the co-defendants.
• The matter in dispute was directly raised in the earlier suit.
• The court’s decision resolved the issue between the co-defendants.
• The co-defendants had the opportunity to contest the issue.

Example: If co-defendants are contesting ownership or liability over a certain property or obligation, and the court decides the matter between them in a prior suit, the decision is binding, and they cannot re-litigate the same issue later.

In both cases, Res Judicata ensures that parties cannot contest the same issue in subsequent suits once a competent court has resolved it, even if they were initially on the same side of the litigation.