Question

Doctrine of Res-judicata as contained in section 11 of CPC is based on the maxim:

• A. Nemo debet his vexari pro uno et eadem causa;
• B. Interest republicae ut sit finis litium;
• C. Both (a) & (b);
• D. Either (a) or (b);

Hint:

Res Judicata ensures finality of judicial decisions and prevents repeated litigation on the same issues.

Answer 1

The Correct Option is C

Step 1: Understanding Doctrine of Res Judicata:
The doctrine of Res Judicata is based on the principle that once a matter is finally decided by a competent court, it cannot be reopened or litigated again between the same parties. This ensures finality in legal proceedings and prevents abuse of judicial process.
Step 2: Legal Maxims Underlying Res Judicata:
The doctrine is based on two Latin maxims:
- (a) Nemo debet bis vexari pro uno et eadem causa: No person should be vexed twice for the same cause.
- (b) Interest republicae ut sit finis litium: It is in the interest of the state that there should be an end to litigation.
Step 3: Final Conclusion:
The correct answer is (C) Both (a) & (b), as both maxims form the foundation of the doctrine of Res Judicata under Section 11 CPC.