AIR 2011 SUPREME COURT 1113 ::2011 AIR SCW 965 ::2011 AIR CC 1702 (SC) ::2011 (2) AIR Kant HCR 204 ::2011 (2) AIR Kar R 204 ::(2011) 2 CivLJ 705 ::(2011) 3 Pat LJR 145 ::2011 (3) SCC 408 ::(2012) 1 RecCivR 807 ::(2011) 2 Scale 160 ::(2011) 2 AllMR 423 (SC) ::AIR 2011 SC (Civil) 483 ::(2011) 2 ICC 626 ::2011 (1) KLT SN 96 (SC) ::(2011) 3 Mad LJ 982 ::(2011) 5 Mad LW 961 ::(2011) 2 AndhLD 117 ::(2012) 1 Kant LJ 529 ::(2011) 2 KCCR 1517 ::(2011) 2 LandLR 315

Supreme Court Of India

(From : 2010 (4) AIR Kar R 794)

Hon'ble Judge(s): G. S. Singhvi, A. K. Ganguly , JJ

(A) Civil P.C. (5 of 1908) , S.11— Doctrine of res judicata - Is not technical doctrine but a fundamental principle which sustains rule of law in ensuring finality in litigation - Its principle seeks to promote honesty and a fair administration of justice and to prevent abuse in the matter of accessing Court for agitating on issues which have become final between the parties. The principles of res judicata are of universal application as it is based on two age old principles, namely, 'interest reipublicae ut sit finis litium' which means that it is in the interest of the State that there should be an end to litigation and the other principle is 'nemo debet his ve ari, si constet curiae quod sit pro un aet eademn cause' meaning thereby that no one ought to be vexed twice in a litigation if it appears to the Court that it is for one and the same cause. This doctrine of res judicata is common to all civilized system of jurisprudence to the extent that a judgment after a proper trial by a Court of competent jurisdiction should be regarded as final and conclusive determination of the question litigated and should forever set the controversy at rest. This principle of finality of litigation is based on high principle of public policy. In the absence of such a principle great oppression might result under the colour @page-SC1114 ....