Res Judicata According to C.P.C in Pakistan

 

Res judicata, according to the Code of Civil Procedure (C.P.C) in Pakistan, refers to the principle that a matter that has been finally decided by a competent court cannot be re-litigated between the same parties. It is a fundamental legal doctrine aimed at promoting finality and certainty in judicial proceedings.

The concept of res judicata is derived from the Latin phrase "res judicata pro veritate accipitur," which means "a matter adjudged is taken as truth." The principle of res judicata is based on the notion that once a matter has been conclusively determined by a court, it should not be reopened or challenged again in subsequent proceedings.

In Pakistan, the principle of res judicata is enshrined in Section 11 of the Code of Civil Procedure. According to this section, a judgment or decree passed by a court of competent jurisdiction shall operate as res judicata between the same parties or their representatives in interest. The section further provides that any issue that has been directly and substantially in issue in a former suit between the same parties shall be deemed to have been finally decided and cannot be re-agitated.

To understand the application of res judicata under the C.P.C in Pakistan, it is essential to consider its three essential elements:

1. Identity of Parties: Res judicata applies only when there is an identity of parties between the previous and subsequent suits. The term "parties" includes not only those who were actual parties to the earlier suit but also those who were represented by them or claimed under them.

2. Identity of Subject Matter: There must be an identity of subject matter between the previous and subsequent suits. This means that both suits must involve the same cause of action or issue. However, it is important to note that res judicata does not require absolute identity of subject matter but rather substantial identity.

3. Final Decision: The previous suit must have been finally decided by a court of competent jurisdiction. A decision is considered final when it conclusively determines the rights and liabilities of the parties involved. It should be noted that a decision passed in a summary proceeding or an interlocutory order does not operate as res judicata.

The principle of res judicata serves several important purposes in the legal system of Pakistan. Firstly, it prevents the re-litigation of matters that have already been conclusively determined, thereby saving judicial resources and avoiding unnecessary delays. Secondly, it promotes certainty and stability in legal relationships by ensuring that parties can rely on the finality of court decisions. Lastly, it protects parties from harassment and vexation by preventing multiple suits on the same issue.

In conclusion, res judicata under the Code of Civil Procedure in Pakistan is a vital principle that prohibits the re-litigation of matters that have already been finally decided by a court of competent jurisdiction. It requires an identity of parties, subject matter, and a final decision in the previous suit. By promoting finality and certainty in judicial proceedings, res judicata plays a crucial role in the administration of justice in Pakistan.

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