Res judicata and Promissory Estoopel
shantanu dekhane
(Querist) 11 June 2010
This query is : Resolved
Explain the difference between resjudicata and Estoopel
Virender Pankaj
(Expert) 11 June 2010
1. Res Judicata says that no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, in a competent court to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court.
Estoppel says that when one person has by his declaration, act or omission intentionally caused or permitted another person to believe a thing to be true and act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
2. Res Judicata is defined in Section 11 of the Code of Civil Procedure.
Estoppel is defined in Section 115 of the Indian Evidence Act.
3. Res Judicata is based on the principle that there must be an end to litigation. Thus, it prevents multiplicity of suits.
Estoppel seeks to prevent multiplicity of representation.
4. Res Judicata denies jurisdiction of the Courts to try the matter again.
Estoppel denies the party any right to make modified representation.
5. Res Judicata is a procedural rule to be followed mandatory.
Estoppel prevents multiplicity of representation. It is a rule of evidence.
