A judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. There are two kinds of judgments: Judgments in rem and Judgments in personam.
Judgments in Rem:
A judgment in rem is one pronounced upon the status of some particular person or thing and which binds all persons in the world. Thus, a judgment which binds all men, and not only the parties to the suit in which it was passed, and their privies, and that it belongs to positive law are judgments in rem. A judgment in rem is conclusive, not only against the parties to it, but also against the entire world.
Effect of Judgements in Rem:
Such judgment, order or decree is conclusive proof
- that any legal character which it confers accrued at the time when such judgment, order or decree came into operation;
- that any legal character, to which it declares any such person to be entitled, accrued to that person at the time when such judgment order or decree declares it to have accrued to that person;
- that any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease; and
- that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, order or decree declares that it had been or should be his property.
In State of Bihar v. Radha Krishna Singh, AIR 1983 SC 684 case, the Supreme Court observed: “It is well settled that a judgment in rem like judgments passed in probate, insolvency, matrimonial, or guardianship, or other similar proceedings, is admissible in all cases whether such judgments are inter partes or not”
Examples of judgment in rem:
- Judgments of Probate: Probate jurisdiction means jurisdiction of a court under the Indian Succession Act, 1925 in respect of testamentary and intestate matters. By exercising probate jurisdiction, the court can pronounce the genuineness of will of a deceased person and grant letter of probate in favour of a person who may act for the deceased in execution of his will. A judgment of a court of probate is conclusive proof and is binding on the entire world. The grant of probate is the decree of a court which no other court can set aside except for fraud or want of jurisdiction.
- Judgments of Matrimonial Matters: By virtue of this jurisdiction the court can decide the legal status of a person whether she is married or widow or divorcee. The judgment of a Matrimonial court is judgment in rem and is admissible under s. 41. A decree of nullity and divorce under Marriage Law has the same effect.
- Judgments of Admiralty: Admiralty jurisdiction is exercised by certain High Courts under the Letters Patent. An Admiralty Court decides cases arising out of war claims. The finding of a court of admiralty jurisdiction is a judgment in rem
- Judgments of Insolvency: A court having insolvency jurisdiction exercised its power under the Presidency Towns Insolvency Act, 1909 and the Provincial Insolvency Act, 1920. Now the jurisdiction is exercised under the Insolvency Code. By exercising insolvency jurisdiction the court can determine legal status of a person whether he is insolvent or he is discharged from insolvency or annulment of his insolvency. A judgment of an insolvency court is a judgment in rem and binding on all.
- Judgments on question of legitimacy, adoption and the like matter are judgments in rem
- A judgment in a suit under Section 92 CPC binds the entire world.
Admissibility of Judgments in Rem:
Ordinarily, a judgment in a previous case will not be admissible in a subsequent case because a court has to form its own opinion depending upon the facts and circumstances of that case, whether civil or criminal. In civil cases the principles of res judicata may apply in cases between same parties. However, in criminal cases, once acquitted or convicted, he cannot be tried for the same offence again.
- A judgment in rem is of conclusive proof to show that a person had such legal character; that legal character which subsisted has ceased to exist and that the judgement had conferred such legal character.
- A judgment in rem will always be admissible irrespective of whether such judgment was between the parties or not. A judgment not between the parties is inadmissible except to prove who the parties were and decree passed and properties of the subject matter of the suit.
- A judgment which is not a judgment in rem, is not admissible in evidence against those who are neither parties to it nor derive title through such parties, as proof of the facts determined therein.
- A judgment of a Foreign Court that a particular person is an heir of another, though not a judgment in rem is binding on the Indian Courts as to the ownership of his property in India.
Judgments in Personam:
A judgment in personam or inter parties is an ordinary judgment between parties in cases of contract, tort or crime. The rights and liabilities of the parties to the suit are determined in such judgments. This judgment binds only the parties or privies to the suit. It does not bind entire world. A judgment in personam in only conclusive between the parties and privies, and it operates res judicata between the same parties on the same subject- matter. All judgments other than judgment in rem, are judgments in personam or judgments inter parties.
Examples of Judgments in Personam:
- A judgment given in a dispute arisen from a contract
- A judgment holding that A is not the adopted son of B
Distinguish Between Judgments in Rem and Judgments in Personam:
| Judgments in Rem | Judgments in Personam |
| A judgment in rem is one pronounced upon the status of some particular person or thing and which binds all persons in the world. | A judgment in personam or inter parties is an ordinary judgment between parties in cases of contract, tort or crime. |
| Judgment in rem is adjudication pronounced upon the status of a person or a thing. | Judgments in Personam are all the ordinary judgments not affecting the status of any subject matter, any person or anything. |
| It is binding on all persons, whether they are parties to those proceedings or not | It is binding on the parties to the suit only |
| Judgment of a court in exercise of probate, matrimonial or insolvency jurisdiction confirming or taking away any legal character are judgments in rem | The judgments of the civil court are the judgments in Personam. |
| Example: The grant of probate is the decree of a court which no other court can set aside except for fraud or want of jurisdiction. | Example: A judgment given in a dispute arisen from a contract |