Friday, June 10, 2011

Res-judicata


Res-judica
Section 11 of the Code of Civil Procedure relates to a matter already adjudicated upon. It 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.
Object: the object of res-judicata is based on the following maxims
a. no man should be vexed twice for the same causes; ( Nemo debt lis vexari pro une et eaden causa)
b. it is the interest of the state that there should be an end to a litigation; ( interest republicae ut sit finis lium)
c. a judicial decision must be accepted as correct; (res-judicata proveritate occipitur).

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