III SAME TITLE

The third condition of res judicata is that the parties to the subsequent suit must have litigated under the same title as in the former suit.

MEANING

Same title means same capacity. Title refers to the capacity or inter­est of a party, that is to say, whether he sues or is sued for himself in his own interest or for himself as representing the interest of another or as representing the interest of others along with himself and it has nothing to do with the particular cause of action on which he sues or is sued.

ILLUSTRATIONS

1. A sues B for title to the property as an heir of C under customary law. The suit is dismissed. The subsequent suit for title to the property as an heir of C under the personal law is barred.

2. A sues B for possession of property as an owner basing his claim on the title. The suit is dismissed. A subsequent suit for possession of property on the ground of adverse possession is barred.

3. A sues B for possession of property as an owner basing his claim on title.  The suit is dismissed. A subsequent suit by A against B for possession of the same property as mortgagor is not barred.

4. A sues for possession of math property as an heir of Mahant. The suit is dismissed. A subsequent suit by A against B as the manager of the math is not barred.

TEST

The test for res judicata is the identity of title in the two litigations and not the identity of the subject-matter involved in the two cases. The crucial test for determining whether the parties are litigating in a suit under the same title as in the previous suit is of the capacity in which they sued or were sued.