‘ROME HAS SPOKEN, THE CAUSE HAS ENDED; ROME SPOKE THROUGH HER LAWS.’

Abstract

One of the pillars of Roman law is contained in the maxim res judicata pro veritate accipitur, that is, a thing adjudicated is received as the truth. This maxim of Roman law is based upon two other maxims of Roman law, namely, interest reipublicae ut sit finis litium, that is, it concerns the State that there be an end to law suits, and, nemo debet bis vexari pro una et eadem causa, that is, no man should be vexed twice over for the same cause. Doctrine of res judicata simply put states that, ‘If a person though defeated at law sue again he should be answered, “You were defeated formerly”’. The recognised basis of the rule of res judicata is different from that of technical estoppel. Estoppel rests on equitable principles and res judicata rests on maxims which are taken from Roman law.

The underlying principle governing the doctrine of res judicata is that, there should be finality in litigation and that a party should not be vexed twice in the same matter. Res judicata is a doctrine of fundamental importance and has being statutorily embodied in India in Section 11 of the Code of Civil Procedure, 1908. To put it tersely, the obverse side of the doctrine of res judicata is that, when applicable, if it is not given full effect to, an abuse of process of the court takes place. There are certain notable exceptions to the application of the doctrine of res judicata and these are: (1) the doctrine of res judicata cannot impart finality to an erroneous decision on the jurisdiction of a court, and, (2) an erroneous judgment on a question of law, which sanctions something that is illegal, cannot be allowed to operate as res judicata.