/reɪz dʒʊˈdɪkɑːtə/
Res judicata (Latin: 'a matter already judged') is a doctrine that prevents the same parties from re-litigating a matter already decided by a court of competent jurisdiction. Once a final judgment is rendered on the merits, neither party can bring a new suit based on the same cause of action. It promotes finality, judicial economy, and prevents harassment.
Section 11 of the Civil Procedure Code 1908 codifies res judicata. It applies to: (1) same matter in issue, (2) same parties, (3) decided in prior suit. Section 11 applies broadly and covers issues that were directly in issue or constructively in issue. Issue estoppel is also recognised in India.
English law recognises res judicata (cause of action estoppel), issue estoppel, and the Henderson v Henderson rule (abuse of process for claims that should have been brought in earlier proceedings). Res judicata operates as an absolute bar.
Res judicata (cause of action estoppel) prevents the same cause of action from being re-litigated. Issue estoppel prevents re-litigation of a specific issue that was necessarily decided in earlier proceedings, even if the cause of action differs.
The criminal law equivalent is autrefois acquit (formally acquitted) and autrefois convict (formally convicted) — known together as the 'double jeopardy' rule. Once acquitted or convicted of a charge, a person cannot be tried again for the same offence.
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