With reference to the 'Principle of Res Judicata', consider the following statements:
- Res Judicata prevents the same dispute between the same parties from being heard again by a competent court.
- It applies only to civil cases and not to criminal cases.
- The principle is aimed at ensuring the finality of judgments and avoiding multiplicity of litigation.
Which of the statements given above is/are correct?
Explanation – The concept of res judicata has evolved from the English Common Law System. Res judicata literally means “the thing has been judged”. It is also known as claim preclusion.
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. It is a judicial concept, which means that the issue before the court has already been decided by another court, between the same parties, and the courts do not allow a petition to be filed in the same court or in another court. Therefore, the court will dismiss the case before it as being useless.
Explanation – The concept of res judicata has evolved from the English Common Law System. Res judicata literally means “the thing has been judged”. It is also known as claim preclusion.
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. It is a judicial concept, which means that the issue before the court has already been decided by another court, between the same parties, and the courts do not allow a petition to be filed in the same court or in another court. Therefore, the court will dismiss the case before it as being useless.