Keywords: res judicata, fundamental determinants and Yadaiah vs state of Telangana
On Thursday, The Supreme court has clarified on the rule of application of doctrine of “res judicata” through the judgement in case of Yadaiah vs State of Telangana. The Court has drawn a test to determine between fundamental and collateral factors of a case and has mentioned availability of res judicata on the former.
The doctrine comes from Latin maxim “Res judicata pro heritate accipiture” which has been shrunk down to “res judicata”. In Indian legal system it is mentioned in S.11 “Civil Procedure Code” (1908). Which means that once a case has been decided by the court then the matter could not be reopened again. This could be bought up to the notice of court by the party in whose favor the earlier judgement was.
So, the essentials of res judicata could be understood as: existence of a previous suit finally decided by the court along with a fresh suit bought into the court, On the same matter, by the same parties and in front of a court of competent jurisdiction.
Situations wherein plea of “res judicata” would not suffice: along with the absence of any of the essentials discussed above presence of change in law (the basis of law which decided the previous judgement of the same case has been evolved/changed majorly); Waiver of “res judicata ‘’ (the party having the power to file for res judicata does not bring it to courts notice or decides to waive off the same); Judgement in the original suit was obtained by fraud.
the Supreme Court bench comprising Justice Surya Kant and Justice J.K. Maheshwari has given judgement in an appeal made against the decision of Telangana High Court in Yadaiah and another vs Government of Telangana. The case dealt with land revenue laws of the state and demand for revenue from the appellant by the government. The root cause was wherein the collector issued “Show cause notice” to Yadaiah and this “SCN” was later declared invalid by the revenue officer, another “SCN” was issued. Further on non- payment of revenue by the appellant the government bought a case in district court, Wherein the order favored the appellant later appeal the order was reversed by the High Court.
The plea of “res judicata” was made by Yadaiah based on invalidity of ‘SCN’ as held by the revenue officer. It was contended that the matter has already being decided in the revenue office and the government could not have had an opportunity to get it opened and demand revenue.
Conclusively, the Court’s verdict bought clear basis in judgement which specified when the doctrine could be bought into force, it mentioned “fundamental factors” capable to be existing rather than “Collateral or incidental” factors. Which means only if the suit bought twice discusses the fundamental issue which has been decided earlier and not side issue/collateral/incidental could only be bought into preview of “res judicata.”
The Court also developed a test to label any cause as Fundamental or incidental, is an issue would be called fundamental when it is the main basis, or the cause laying foundation of the case. Without which the other causes would not suffice. Example if court asks authorities to attach A’s property in Delhi, later this case was bought again in the court and police asks for order to attach property of A in Mumbai rather the one in Delhi. So here A could not bring the plea of “res judicata” because fundamental issue is attachment of property and which property to be attached is an collateral issue. With these observations the Court denied the plea of “res judicata” by Yadiah and said whether he is liable to pay revenue is the Fundamental cause and not the validity of legal machinery used by the revenue collection officers, a ‘’SCN’’ could be issued a several times.
Written by – Sona Raghuwanshi, College name – Vivekananda Institute of Professional Studies IPU, Delhi, Semester V an intern of legal journalism under Legal Vidhiya[i].
[i] Live law https://www.livelaw.in/supreme-court/supreme-courtonly-fundamental-determinations-hit-by-res-judicata-not-incidental-or-collateral-findings-234227
Legal Service India https://www.legalserviceindia.com/articles/rju.htm#:~:text=Res%20Judicata%20As%20Defined%20Under,suit%20between%20the%20same%20parties.
Indian Kanoon https://indiankanoon.org/search/?formInput=res-judicata%20
