Adv Ch Shahid Bhalli

What are the Legal Effects of Res Judicata

As per Lawkidunya, Res Judicata is a Latin phrase that means “a matter already judged.” It is a legal principle that prevents a matter from being litigated again once it has already been decided by a court. The legal effects of Res Judicata are:

It is considered as final because the original decision is final and binding upon the parties. In other terms, res judicata implies that the subject matter of a judgment cannot be relitigated as a judgment is final and binding between the parties, subject to any available appeal or challenge.

Conclusive Determination

1. Finality of decision: A judgment that is considered Res Judicata is final and conclusive.
2. Binding effect: The decision is binding on the parties involved in the litigation.

Bars Subsequent Litigation

1. Prevents re-litigation: Res Judicata prevents the same parties from re-litigating the same issues or claims.

2. Avoids multiplicity of suits: It avoids the multiplicity of suits and prevents the flooding of courts with repetitive litigation.

Issues Precluded

1. Issues actually litigated: Res Judicata precludes the re-litigation of issues that were actually litigated and decided in the previous suit.

2. Issues that could have been litigated: It also precludes the re-litigation of issues that could have been litigated but were not.

Exceptions to Res Judicata

1. Appeal or review: A judgment can be appealed or reviewed, which may lead to a reversal or modification of the decision.

2. Collateral attack: A judgment can be challenged through a collateral attack, such as a separate lawsuit alleging fraud or mistake.

3. New evidence: New evidence that was not available during the previous litigation may allow for re-litigation of the issue.

Estoppel Effect

1. Estoppel by judgment: Res Judicata has an estoppel effect, meaning that a party is estopped from denying or asserting a fact that was already adjudicated.

2. Prevents inconsistent positions: It prevents parties from taking inconsistent positions in different lawsuits.

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