Distinction between Doctrine of Res-Judicata and Doctrine of Estoppel

 

Distinction between Doctrine of Res-Judicata and Doctrine of Estoppel

Sr.No.	Doctrine of Res-Judicata	Doctrine of Estoppel
1.	The rule regarding doctrine of res-judicata is laid down under Section 11 of C.P.C. 1908.	The rule regarding doctrine of estoppel is laid down under Section 115 of the Evidence Act, 1872.
2.	Res Judicata prevents the jurisdiction of the Court on the subject matter which had already been decided in the former suit by a competent court on same issue, between the same parties.	Estoppel prevents a person from saying one thing at one time and saying another thing at another time on the same fact.
3.	Res Judicata is rule of legal procedure.	Estoppel is a rule of equity.
4.	Res Judicata is based on public policy.	Estoppel is based on rule of justice, equity and good conscience.
5.	The principle of res-judicata debars the court from exercising its jurisdiction to determine the lis if it has attained finality between the parties.	The doctrine of estoppel prevents a person to rebut what has been represented by him.
6.	Res Judicata shuts the jurisdiction of the Court in the subsequent suit on an issue which had already been decided in the former suit.	Estoppel shuts the mouth of the persons who had made some representation earlier.
7.	Res Judicata is claimed on the basis of previous decision of competent court.	Estoppel can be inferred from the conduct of the parties.
8.	The res judicata originates from the decision of the Court.	Estoppel originates from representation or conduct of the party.
9.	It prevents the multiplicity of proceedings in the court on the same issue.	It prevents a person from multiplicity of representations.
10.	Res- Judicata presume the correctness of the decision of the court in the former suit.	It prevents the party from denying the statement which he has already shown expressly or impliedly.