Difference Between Res Judicata and Estoppel
Difference between res judicata and estoppel has been provided in this article. Before discussing the difference between res judicata and estoppel, let's see the meaning of these terms;
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| Difference Between Res Judicata and Estoppel |
Meaning of Res Judicata
As per section 11 of the Civil Procedure Code, 1908, the meaning of res judicata is '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 parties under whom they or any of them claim, litigating under the same title, in a Court competent 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.'
Res-judicata meaning is given under section 11 of the Civil Procedure Code, 1908. Whereas, 'Res' means 'subject matter' and 'judicata' means 'adjudged' or 'decided'. Therefore, together the meaning of res-judicata is 'a subject matter adjudged' or 'a subject matter decided'.
Meaning of Estoppel
Meaning of doctrine of estoppel has been provided under sections 115 to 117 under Chapter VII Part III of the Indian Evidence Act, 1872.
According to Section 115 of the Indian Evidence Act, “When one person has by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to 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.”
In simple words, the doctrine of estoppel prevents the parties from engaging in certain actions, such as rejecting what he previously said.
Difference Between Res Judicata and Estoppel
Difference Between res judicata and estoppel has been discussed below;
| Res Judicata | Estoppel |
| Meaning of res judicata has been provided under section 11 of the Civil Procedure Code, 1908. | Meaning of Estoppel has been provided under section 115 of the Indian Evidence Act, 1872. |
| Res judicata is defined as '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 parties under whom they or any of them claim, litigating under the same title, in a Court competent 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 is defined as “When one person has by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to 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.” |
| The doctrine of res judicata is a result of the decision of the court. | The estoppel is a result of the acts of the parties. |
| The doctrine of res judicata proceeds on the ground of public policy. | Whereas, estoppel proceeds upon the doctrine of equity. |
| Res judicata prevents a man from arriving the same thing twice in the previous and subsequent suit. | Whereas, the estoppel prevents him from saying one thing at one time and the opposite at another. |
| The rule of res judicata is to presume conclusively the truth of the former decision. | The rule of estoppel prevents a person from setting up what he calls the truth. |
| The doctrine of res judicata outs the jurisdiction of the court to try the subsequent case. | Whereas, estoppel is only a rule of evidence. |
Conclusion
Difference between res judicata and estoppel has been provided in this article. The main difference between res judicata and estoppel is that res judicata is a result of the decision of the court whereas, the doctrine of estoppel is the result of the acts of parties.
Referred Books:
- The Code of Civil Procedure, 1908 (C-21) Bare Act with Short Notes
- Code of Civil Procedure with Overview Flowchart Latest Amendments - CPC Bare Act 2021 Edition
- Code of civil procedure C. K. Takwani - 2021
- Civil Procedure With Limitation Act, 1963 - 8/Edition
- Universal's The Code Of Civil Procedure, 1908 (2020 Edition)
- Code of Civil Procedure & Indian Evidence Act Chart ( CPC chart ) - Laminated Wall Chart
- Mullas The Code Of Civil Procedure by Sir Dinshaw Fardunji Mulla
- Lectures on the CODE OF CIVIL PROCEDURE AND THE LIMITATION ACT by Dr. Rega Surya Rao.
- Combo of Universal's Criminal Manual and Civil Manual (Both 2020 Edition) (Set of Code of Criminal Procedure and Code of Civil Procedure) by Universal.