• The English word res judicata is derived from the Latin word. It means “Things already decided”.
• The principle that once a case has been decided in the court, the same case cannot be filed again in the court is the principle of prima facie case. This principle is accepted in all legal systems.
• Another important principle of procedural law is presumption. It is believed that if a decision has been taken by a competent court after completing the procedures, then the case cannot and should not be filed again and again.
• Prejudice is to prevent the same party from litigating more than once on a matter. According to this principle, judicial decisions should be properly accepted. Otherwise, stopping the action of fighting endlessly on the same subject and incident with the same person and putting an end to that dispute.
• Therefore, the general principle of law that no one should be prosecuted more than once in the same case is the principle of partial justice.
• Regarding the spirit of the principle of trial, there is a universal maxim that no one should be put in jeopardy twice in the same case.
• After the decision of any court, if you are not satisfied with it, you can appeal according to the provisions of the law. In the case of settlement of the case by a court, the case can be re-litigated if the terms of the settlement are not followed. Matters that have been resolved once should not be raised again, except in cases where an appeal is made or the settlement is not implemented.

Importance and Necessity

• This principle is the principle of justice, the principle of equity.
• Prevents court and parties from wasting time, money and effort.
• This principle is a principle created for the public interest to end the case once and for all.
• It prevents the same case from coming up in the court twice or thrice. It ensures the uncertainty of dispute resolution.
• Prevents double jeopardy
• Provides public and personal safety
• Reduces the workload of the court or reduces the pressure of cases.

Elements to be considered in Principle of Res judicata

• The subject of dispute and claim should be the same
• The cause of action and the remedy sought must be the same;
• The situation and status of the parties to the case should be the same, i.e. the parties to the case should be the same.
• Such a decision should be made by a competent body or court according to law,
• There should have been proper representation on behalf of the party in the proceedings of the previous case,
• In cases filed earlier, the concerned parties should have had sufficient and fair opportunity of hearing.
• Should have made a final decision, i.e. should have filed a complaint in the same court in the first instance without appealing later on such disputes.

Arguments behind the Principle of Res judicata

• It is in the interest of the public to conclude a case.

The commencement of any case implies that it must be completed within a specified period of time. If one can consistently raise complaints about the same matter in the same court, there will be no certainty regarding the resolution of the dispute. Therefore, after the initiation of a case, the final decision cannot be filed again in the same court without following the proper appeal process according to the law. If one does so, it will be deemed void.

• No person shall be prosecuted twice in the same dispute.

No person should be prosecuted twice in the same dispute. Therefore, a court can decide and punish only once in a dispute. If a party is to be punished repeatedly on the basis of receiving a complaint, there may be irregularities in the life, wealth and safety of the person.

Therefore, the principle that a person should be punished only once in a dispute is the Principle of Res judicata.

Nepalese Legal Framework

The Constitution of Nepal, 2072

Article 20(6)

No person shall be tried and punished for the same offence in a court more than once.

National Criminal Code 2074

Section (9)   No punishment again for the same offense:

No person shall be prosecuted in a court and punished again for the same offence.

National Civil Procedure (code) Act, 2017

Section (14) Principle of Res-Judicata to be followed:

Once a case is filled and adjudged, the court shall not hear and the adjudge the case involving the same matter and the same plaintiff and defendant more than once, except for an appeal made in the case or non-execution of the deed of compromise.

Section (89)

A plaintiff must give only one firadpatra again defendant although there are many subject in same claim.

Section (94)   Double jeopardy applies once a judgment is rendered; the same party cannot file a new case against the same person on the same matter. Instead, the recourse is to appeal the judgment following legal procedures.

Section (95)   Form of plaint:

A plaint shall be prepared and filed in the format referred to in Schedule 1.