Res-Judicata and Rule of law and Res-judicata and res sub-judice

Res-Judicata and Rule of law

The doctrine of res-judicata is of universal application. In the historic decision of Daryao Vs. State of U.P (AIR), (1961), (SC), P 1457; (1962) 1 (SCR), P 574 the Supreme Court has placed the doctrine of res-judicata on a still broder basis. In that case, the petitioners had filed writ petitions in the High Court of Allahabad under Article 226 of the constitution of India and they were dismissed. Thereafter, they filed substantive petitions in the Supreme Court under Article 32 of the Constitution for the same relief and on same grounds. The respondents raised a preliminary objection regarding maintability of the petition by contending that the prior decision of the High Court would operate as res-judicata to a petition under Article 32. the Supreme Court upheld the contention and dismissed the petitions.

Res-judicata and res sub-judice

The doctrine of res-judica differs from res sub-judice in that firstly, the former relates to a matter already adjudicated upon (res-judicature) trial (sub-judice); and secondly, whereas Section 11 bars the trial of a suit or an issue in which the matter directly and substantially in issue has already been adjudicated upon in previous suit. Section 10 bars the trial of a suit in which the matter directly and substantially in issue is pendind adjudication in previously instituted suit.