‘Plea of Res Judicata Must Be Addressed Upfront’: Supreme Court Sets Aside High Court Order

The Supreme Court has said that the plea of res judicata has to be taken at the very first instance to prevent misuse and abuse of the court process, ensuring that matters already decided are not re-agitated and forced to go through the same paraphernalia again.

A bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra said the issue of res judicata is a right that inheres in the person invoking it and has to be considered on its own merits. The court emphasised that there must be a judicial application of mind to determine whether such a plea is sustainable.

The appellant, Shahid Alam, was aggrieved that in the suit filed by respondent no.1, Arun Kumar Yadav, his plea to dismiss the case on the ground of res judicata had not been considered. The trial court had held that the issue would be examined along with the main suit, and the high court had upheld that view.

The appellant’s counsel argued that despite two earlier rounds of litigation between the same parties who had appeared as either plaintiffs or defendants, the same issue was being re-agitated for a third time, clearly attracting the bar of res judicata. It was contended that allowing such a challenge would amount to abuse of process and harassment, as the appellant had already succeeded in earlier rounds, including before the Supreme Court. By a “subterfuge,” the so-called adopted son of one claimant was now raising the same plea, making the rejection of the appellant’s dismissal petition erroneous.

Respondent no.1/plaintiff submitted that he had questioned the very capacity of the appellant’s vendor to transfer the land, which also belonged to his mother, and that this issue required fresh adjudication.

However, when the bench directly asked where the high court had considered the plea of res judicata while rejecting the appellant’s challenge, counsel fairly conceded that the issue had not been discussed. Court noted this omission.

“Having considered the matter, we find that the order impugned cannot be sustained,” the bench held.

On this short point, court allowed the appeal and set aside the impugned order, remanding the matter to the high court for fresh consideration on merits, particularly on the issue of res judicata. Court revived the matter to its original number on the high court’s file and directed that it be heard after giving all parties an opportunity.

The bench clarified that the high court shall examine the merits independently and shall not be influenced by the present order. In the meantime, the parties were directed to maintain status quo

Case Title: Shahid Alam Vs Arun Kumar Yadav @ Balmiki Yadav & Ors

Order Date: November 18, 2025

Bench: Justices Ahsanuddin Amanullah and Prashant Kumar Mishra