Doctrine of Constructive Res Judicata

Context

The Supreme Court recently reaffirmed that the doctrine of constructive res judicata, embodied in Explanation IV to Section 11 of the Code of Civil Procedure, 1908, which governs civil proceedings. However, the underlying principle has also been recognised in certain criminal proceedings through judicial interpretation.

About Doctrine of Constructive Res Judicata

1. The doctrine of res judicata, derived from English common law, literally means “a matter already adjudicated” and is also known as claim preclusion.
2. It extends this principle by treating issues that could and ought to have been raised in an earlier proceeding as having been in issue in that proceeding.
3. Consequently, a party cannot institute a fresh proceeding by raising claims or defences that were available but were omitted in the earlier litigation.
4. The doctrine prevents piecemeal litigation by requiring parties to raise all material claims and defences in the initial proceeding.
5. It applies where:

1. 1. The parties in both proceedings are the same (or litigate under the same title);
   2. The subsequent proceeding relates to the same dispute;
   3. The issue could and ought to have been raised in the earlier proceeding; and
   4. The earlier proceeding was finally decided on merits by a competent court.

1. The doctrine promotes judicial efficiency, prevents multiplicity of proceedings, discourages abuse of the judicial process, and ensures the finality of judicial decisions.