‘A’ files a suit against B’ for recovery of possession of a house situated at Juhu (Mumbai) on the basis of a sale deed executed by B’. The suit is heard and dismissed by a court of competent jurisdiction… Can the court try the subsequent suit filed by ‘A’ against B”?

Question: ‘A’ files a suit against B’ for recovery of possession of a house situated at Juhu (Mumbai) on the basis of a sale deed executed by B’. The suit is heard and dismissed by a court of competent jurisdiction 'A’ after two years again files a suit against ’B’ for the same house on the same ground which he had asserted in the previous suit, in the same court. Can the court try the subsequent suit filed by ‘A’ against B”? Give reasons for your answer.

Find the answer to the mains question only on Legal Bites. [‘A’ files a suit against B’ for recovery of possession of a house situated at Juhu (Mumbai) on the basis of a sale deed executed by B’. The suit is heard and dismissed by a court of competent jurisdiction… Can the court try the subsequent suit filed by ‘A’ against B”? Give reasons for your answer.]

Answer

Section 11 of the Civil Procedure Court incorporates the doctrine of res judicata also known as the “rule of conclusiveness of judgment”. Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter adjudged”.

In simpler words, the thing has been judged by the court, the issue before a court has already been decided by another court and between the same parties. Hence, the court will dismiss the case as it has been decided by another court. Res judicata applies to both civil and criminal legal systems. No suit which has been directly or indirectly tried in a former suit can be tried again.

The doctrine of res judicata is based on three maxims:

1. Nemo debet bis vexari pro una et eadem causa– no man should be punished twice for the same cause
2. Interest reipublicae ut sit finis litium– it is in the interest of the state that there should be an end to a litigation
3. Res judicata pro veritate occipitur– a judicial decision must be accepted as correct

The principle of res judicata seeks to promote the fair administration of justice and honesty and to prevent the law from abuse. The principle of res judicata applies when a litigant attempts to file a subsequent lawsuit on the same matter, after having received a judgment in a previous case involving the same parties.

For example- A sues B for damages for breach of contract. The suit is dismissed. A subsequently filed another suit against B for damages for breach of the same contract. The subsequent suit shall be barred by the principle of res-judicata because B shall not be vexed twice over for the same cause.

In the given question, ‘A’ files a subsequent suit on the same subject matter and on the same ground which he had asserted in the previous suit, hence the subsequent suit of ‘A’ is barred due to the principle of res judicata.

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. CPC Mains Questions Series: Important Questions Part – I of X
2. CPC Mains Questions Series: Important Questions Part – II of X
3. CPC Mains Questions Series: Important Questions Part – III of X
4. CPC Mains Questions Series: Important Questions Part – IV of X
5. CPC Mains Questions Series: Important Questions Part – V of X
6. CPC Mains Questions Series: Important Questions Part – VI of X
7. CPC Mains Questions Series: Important Questions Part – VII of X
8. CPC Mains Questions Series: Important Questions Part – VIII of X
9. CPC Mains Questions Series: Important Questions Part – IX of X
10. CPC Mains Questions Series: Important Questions Part – X of X