Principle of Res Judicata in Nepal (2026): Finality of Judgment Under CPC 2074
A 2026 practitioner's guide to the principle of res judicata in Nepal under the Muluki Civil Procedure Code 2074 — the four-prong test of same parties, same cause of action, final judgment on merits and competent jurisdiction; constructive res judicata for issues that could have been raised but weren't; cause-of-action estoppel and issue estoppel; the criminal double-jeopardy parallel under Article 20(2) of the Constitution; application to writ jurisdiction and tribunals; exceptions for jurisdictional defect, fraud, collusion and new evidence; and the Supreme Court jurisprudence shaping finality of judgment in Nepal.


