The Latin maxim “Nemo Debet Bis Vexari Pro Una Et Eadem Causa”, roughly translates "to no person should be punished twice for the same offence". It embodies the well-established common law rule that no one should be put to punishment twice for the same offence. In criminal law, this Latin term is known for the rule against double jeopardy, i.e. the notion that a person should not be “vexed” or punished more than once for any particular case brought against them. In civil law, it means a person should not be sued more than once over the same case.
The maxim is not restricted to only the criminal law, it applies equally to civil litigation: no individual should be sued more than once for the same cause. Nemo debet bis vexari pro una et eadem causa is the fundamental principle behind the more readily recognized concept of res judicata.
The modern rule of estoppel by res judicata is grounded upon two broad principles of public policy: first that the state has an interest that there should be an end to litigation (interest republicae ut sit finis litium), and, secondly, that no individual should be sued more than once for the same cause (nemo debet bis vexari pro una et eadem causa) or punished more than once for the same offence (nemo debet bis puniri pro uno et eodera delicto)
No Court can 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 of jurisdiction 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. Hence the rule that a party cannot be sued twice for the same cause of action. No person shall be prosecuted and tried for the same offence more than once, whether under the Code or any other law.
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