The burden of Proof:
The party which contends that an earlier decision operates as res judicata needs to prove that the same subject matter has already been decided by the court. The below-mentioned aspects are needed to be placed before the court in order to prove that matter has already been decided:
a) On record pleadings of the parties;
b) Issues raised;
c) Findings recorded in the judgment.
Litmus Test for Applicability: In order to know whether the matter is barred by the principle of res judicata, the following parameters must be satisfied:
a) Competency of the Court /Forum: One must know beforehand of the matter has been decided by the court was having the jurisdiction to try the case or not. If the court is not competent then res judicata is not applicable.
b) Parties and their representatives: Res judicata applies only if the contending parties are the same, if on a subsequent litigation a third party is involved in it then in that case res judicata does not apply.
c) Matters in Issue: It is of utmost importance to determine whether the issue in the matter has already been decided by the court or not. The final judgment passed by the court which conclusively decides the right and liabilities between the parties acts as precedent in the subsequent cases with the same subject matter. In a judgment, a matter can be decided explicitly or implicitly (those facts and issues which were made the ground of attack or defense).