Res judicata

A matter that has been finally decided by a competent court cannot be raised again between the same parties. It stops repeated litigation.

1. The matter in the later suit was directly and substantially in issue in the earlier suit.
2. The parties are the same, or claim under the same title.
3. The earlier court was competent to try the later suit.
4. The earlier suit was heard and finally decided.

• Daryao v. State of U.P. (1961), Supreme Court: the principle of res judicata applies to writ petitions under Article 32, so a petition decided on merits cannot be filed again.
• Henderson v. Henderson (1843), England: a party must bring forward its whole case in the first suit and cannot raise the points it left out later.

Section 11 of the Code of Civil Procedure, 1908 (explanations include constructive res judicata).

The bar does not apply to a decision of a court without jurisdiction, or where the law has changed.

Asked with Section 11 CPC, its conditions and constructive res judicata.

Judged once, closed forever.

A matter finally decided cannot be reopened between the same parties.