Legal Question in Civil Rights Law in Pakistan

cpc

what is res judicata and how many kinds of it?


Asked on 2/04/09, 11:04 am

2 Answers from Attorneys

Re: cpc

Once a final judgment has been handed down in a lawsuit, subsequent judges who are confronted with a suit that is identical to or substantially the same as the earlier one will apply the res judicata doctrine to preserve the effect of the first judgment. This is to prevent injustice to the parties of a case supposedly finished, but perhaps mostly to avoid unnecessary waste of resources in the court system. Res judicata does not merely prevent future judgments from contradicting earlier ones, but also prevents them from multiplying judgments, so a prevailing plaintiff could not recover damages from the defendant twice for the same injury.

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Answered on 2/24/09, 2:19 am

Re: cpc

Res Judicata: no court shall try any suit or issue in which the matter directly and substantially in issue has been directly or substantially raised, heard and finally decided by competent court.

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Answered on 2/04/09, 12:16 pm


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