Published on: February 15, 2024 at 15:45 IST
Court: Honourable Supreme Court of India
Citation: M. Nagabhushana V. State of Karnataka (2011)
Honourable Supreme Court of India has held that Judgment of the Higher Bench would acts like Constructive Res Judicata, as explained in Explanation IV to Section 11 Code of Civil Procedure, 1908 would include its applicability to the Writ Jurisdiction of the Hon’ble Constitutional Court. It is held that Doctrine of Res Judicata is applicable to all jurisdiction and regarded as determination of the questions as litigated between the parties commonly referred as Issues.
12. The principles of res judicata are of universal application as they are based on two age-old principles, namely, interest reipublicae ut sit finis litium which means that it is in the interest of the State that there should be an end to litigation and the other principle is nemo debet bis vexari, si constat curiae quod sit pro una et eademn causa meaning thereby that no one ought to be vexed twice in a litigation if it appears to the court that it is for one and the same cause. This doctrine of res judicata is common to all civilised system of jurisprudence to the extent that a judgment after a proper trial by a court of competent jurisdiction should be regarded as final and conclusive determination of the questions litigated and should for ever set the controversy at rest.
13. That principle of finality of litigation is based on high principle of public policy. In the absence of such a principle great oppression might result under the colour and pretence of law inasmuch as there will be no end of litigation and a rich and malicious litigant will succeed in infinitely vexing his opponent by repetitive suits and actions. This may compel the weaker party to relinquish his right. The doctrine of res judicata has been evolved to prevent such an anarchy. That is why it is perceived that the plea of res judicata is not a technical doctrine but a fundamental principle which sustains the rule of law in ensuring finality in litigation. This principle seeks to promote honesty and a fair administration of justice and to prevent abuse in the matter of accessing court for agitating on issues which have become final between the parties.
Drafted By Abhijit Mishra