A thing adjudged
The legal maxim is of latin origin meaning a matter or thing that has already been judicially decided on the basis of its merits and the same matter cannot be litigated between the two parties again. The maxim is of the belief that for one particular claim between litigants, one judicial contest is enough and reexamination of the same matter is not in the interest of the society. With the rapidly increasing pressure on the judiciary with rising judicial work, attending to a particular matter to one single contest is a reasonable restriction adopted.
A and B were denied to take the same matter of land dispute to Dwarka Court after being attended by Rohini Court already under “res judicata”.
MadhukarD. Shende v. Tarabai Aba Shedage, (Civil Appeal No. 110 of 2002)
The hon’ble court held that, the plea of res-judicata only bars investigation and decision on merits finally decided between parties earlier if the defendant omits to plead the plea of res-judicata and prove the same and the Court investigates and decides matters on merits.
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