Judgment Sec. 2(9): means the statement given by the Judge of the grounds of a decree or order.

Judge means Sec. 2(8) the presiding officer of a civil court. Judgment provides the reasons or grounds
for the passing of the decree or order.

Every Judgment other than a court of small cause should contain O. 20. R4 (2)

The sketchy (vague, unclear) orders which are not self contained cannot be said to be Judgment in
proper sense. A judge cannot merely say “suit decreed” or Suit dismissed”. The whole process of
reasoning has to be set out for deciding the case one way or the other.

Mesne Profits: Object of awarding a decree for Mesne Profits is to compensate the person who has
kept out possession and deprived enjoyment of his property. Thus ‘wrongful’ possession of the
defendant is the essence of a claim for Mesne Profits.

Mesne Profits being in the nature of damages, no fixed rule governing their award and assessment.
Every case is a new case. In assessing the Mesne Profits usually the court will take into account what
the defendant has gained or reasonably might have gained by his wrong possession of the property,
and not what the plaintiff has lost by being out of possession.

Lucy v P. Mariappa Gounder AIR 1979 SC 1214

Harry Grey v Bhagumain AIR 1930 PC 82: when a person in wrongful possession plants indigo on an
land nd it is proved hat a prudent agricultraist would have planted sugarcane, wheat or tobacco, the
Mesne Profits shold be assessed on the basis of those more profitable crops.

The doctrine of res judicata is based on three maxims:

a) Nemo debet bis vexari pro una et eadem causa (no man should be punished twice for the same
cause)

b) Interest reipublicae ut sit finis litium (it is in the interest of the state that there should be an end to
a litigation)

c) Res judicata pro veritate occipitur (a judicial decision must be accepted as correct)

“ex captio res judicata” which means “one suit and one decision is enough for any single dispute

Essentials of RJ

1. The parties must be same Expln. VI

2. The matter of issue must be directly related to the previous suit (IV)
3. In the suit the title must be same
4. The decision must be given by the Court of which has jurisdiction i.e., competent court (II)
5. It must be decided and heard by the court(V)

What is an “issue”?
Issues are of three kinds (Sree Minakshi Mills Ltd, Madurai v CIT, Madras AIR 1957 SC 49):
 Issue of Fact, Issue of Law & Mixed issue of Fact and Law

Only issue of fact constitutes Res Judicata irrespective of the erroneous decision. A decision on a
mixed issue of fact and a law also constitutes res Judicata. But decision on a pure question of law
unrelated to the facts does not operate as Res Judicata in a subsequent suit.

There were many conflicting decision on this issue. Supreme Court in Mathura Prasad v
Dossibai N.B Jeejeebhoy AIR 1971 SC 2355 at p. 2357-2358: (1970) 1 SCC 613 at p.617 held that decision
on a point of law operates as res Judicata provided it is not independent of the facts of the case.
But Supreme Court in Avtar Singh v Jagjit Singh (1979) 4 SCC 83: AIR 1979 SCC 1911 ruled the
opposite which was erroneous as it was decided per incuriam and thus is not a good law.
Explanations:

I. Former suit
II. Irrespective of right of appeal
III. Denied or admitted
IV. Might or ought
V. Relief not granted expressly – deemed to be refused
VI. Group litigation/PIL
VII. Proceedings for the execution of Decree
VIII. Decision by the court of limited jurisdiction

Matters in issue

Matters directly and

substantially in issue Matters collaterally
and incidentally in
issue

A - Actually in Issue B- Constructively in

(Exp III) issue (Exp IV)

Example 1: -A was a trustee of a trust, after A's death B wrongfully takes the possession of the trust property. C the
son of A file a suit for recovery of possession of the property against B as the legal heir of A in his individual
capacity but C did not succeed. The C files another suit for recovery of trust property against B in the capacity of
trustee as he was appointed trustee after the death of A. Whether second suit is barred?

First suit filed by C as individual capacity i.e. as legal heir where as second suit as a capacity of trustee of the trust
property- second suit is not barred by the doctrine of res judicata.