HABIB-UR-REHMAN vs ABDUL KARIM S — 2025 SCMR 1262 SUPREME-COURT

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HABIB-UR-REHMAN VS ABDUL KARIM S. 11---Res judicata, doctrine of---Maxim "Nemo debet bis vexari pro una et eadem causa" and "interest reipublicae ut sit finis litium"---Applicability---Far-sightedness or prudence ingrained in doctrine of res judicata protects against never ending litigation and ensures finality, thereby saving parties from rigors of protracted or multiplicative proceedings---Cause of action finally adjudicated on merits must not be re-litigated---Doctrine of res judicata so connotes "claim preclusion" whose indispensable elements include that the erstwhile judgment must be valid and final between the parties and the same issue must not be brought again for re-litigation---As such the rule is essential to avert repetitive litigation and to ensure justice, equanimity and dependability in judicial proceedings by curbing frivolous and vexatious litigation often initiated with mala fide intention or ulterior motives just to drag opponents in Courts for reopening matters already conclusively decided---Simultaneously, principle of res judicata also lightens the Court's docket and helps eliminate time consuming and meritless litigation---Maxim "nemo debet bis vixari pro una et eadem causa" i.e. no man should be vexed twice for the same cause and "interest reipublicae ut sit finis litium" i.e. it is in best interest of state to put an end to litigation---What is generally done or believed along the lines of conventional astuteness is that one judicial contest is sufficient for litigants to lodge their claims or put forward a defense rather than litigating for one and the same cause of action between the same parties for the same subject matter again and again.

HABIB-UR-REHMAN vs ABDUL KARIM S — 2025 SCMR 1262 SUPREME-COURT

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