At this stage it will be profitable to refer to the following observations of the Apex Court in the case of Satyadhyan Ghosal And Others v. Smt. Deorjin Debi And Another reported in MANU/SC/0295/1960 : AIR. 1960 SC 941 where a Bench consisting of three Judges specifically held that even if Section 11 of the Code of Civil Procedure is not applicable in a judicial proceeding, the principles of res judicata is nevertheless applicable:
"The principle of res judicata is based on the need of giving finality to judicial decisions. What it says is that once a res is judicata, it shall not be adjudged again. Primarily it applies as between past litigation and future litigation. When a matter -whether on a question of fact or a question of law - has been decided between two parties in one suit or proceeding and the decision is final, either because no appeal was taken to a higher court or because the appeal was dismissed, or no appeal lies. neither party will be allowed in a future suit or proceeding between the same parties to canvass the matter again. This principle of res judicata is embodied in relation to suits in S. 11 of the Code of Civil Procedure: but even where S. 11 does not apply, the principle of res judicata has been applied by courts for the purpose of achieving finality in litigation. The result of this is that the original court as well as any higher court must in any future litigation proceed on the basis that the previous decision was correct."
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO. 1466 of 2008
HONOURABLE THE CHIEF JUSTICE
MR. BHASKAR BHATTACHARYA
NEW INDIA ASSURANCE CO LTD....Appellant(s)
Versus
KANKUBEN MAFABHAI ZINABHAI PATNI &
CORAM: HONOURABLE THE CHIEF JUSTICE MR.
BHASKAR BHATTACHARYA
Date : 02/09/2014
Citation; 2015(2) ALLMR(JOURNAL)91
