"Res Judicata" : An Unexplored Aspect of the Practical Application

"Res Judicata" : An Unexplored Aspect of the Practical Application

Res judicata's interesting aspect was noted in Vineet Khosla v Vikram Bakshi [2018] GCtR 3850 (Delhi).

The Supreme Court in an earlier judgment held that the general principle of res judicata was applicable in substance to all disputes before courts, even outside of the ambit of Section 11 of the CPC; in essence, the Court held that Section 11 was not an exhaustive or exclusive formulation of the law on res judicata.

The principle of res judicata stipulates that a matter directly and substantially in issue between the same parties, or between parties under whom they or any of them claim, which has already been decided by a court and attained finality, cannot be regurgitated in another, separate legal proceeding. Further, Explanation VI to Section 11 provides that in case of persons litigating bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this provision, be deemed to claim under the persons so litigating.

Where one appeal has been filed by one aggrieved party against an order of a court, even if that appeal is dismissed on procedural grounds such as for want of prosecution or delay, then another appeal filed by a different aggrieved party to assail the same order which raises the same issues, cannot be held to be maintainable and would attract the doctrine of res judicata. 

Written by 

Vishal

Delhi

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