The concept of ‘res judicata. The term ‘ res judicata ’ is Latin in language and has been borrowed from Roman Law. Ballentine in his Law Dictionary defines it as too connote ‘a thing settled by judicial dicisions’.
Thus ‘res judicata’ means a final judicial decision of a court of competent jurisdiction, once pronounced between parties/litigant, cannot be contradicted by any one, as against any other of such parties, in any subsequent litigation between the same parties, respecting the same subject – matter. It is founded on the principle that there should be an end to the litigation as to any issue between the same parties when once that issue has been directly and substantially determined between them by a court of competent jurisdiction.
Conditions of Res–Judicata: – Section of the CPC embodies the doctrine of Res judicata and the conditions for its application are as follows:
- Two or more suits
- One suit already been decided
- Same Parties
- Same Subject-matters
- Same Cause of Action
- All suits are instituted in Bangladesh
# Distinction between Res-Subjudice and Res- Judicata
There are some important distention between Res-Subjudice and Res- Judicata. There are Following:-
- In case of Res-Subjudice, there must be two suits, one previously instituted where as incase of Res- Judicata there must be an end to litigation.
- In case of Res-Subjudice, the matter in issue in both the suits must be substantially the same. On the other hand, the matter directly and substantially in issue in the subsequent suit must have been directly and substantially in issue in the former suit either actually or constructively.
- In case of Res-Subjudice, the previously instituted suit must be pending in the same court in which the subsequent suit was brought or in a different court having jurisdiction to grant the relief claimed. On the contrary, the former suit must have been a suit between the same parties or between parties under whom they or any of them claim.
- In case, of Res-Subjudice, such parties must be litigating in both the suits under the same title. In case of Res- Judicata, such parties must have been under the same title in the former suit.
In case of Res-Subjudice, both the suits must be between the same parties or their representatives. On the other hand, a final decision of a concrete issue between parties.
