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Judgment in Rem and Judgment in Personam


Judgement (or US spelling judgment) in Rem:

In Rem means- against the whole world at large. In simple terms, the Judgment binds to all  including the parties to the suit.

A judgment in rem is conclusive, not only against the parties to it, but also against the entire world.

For Example- If there is Suit Between X & Y and having judgement. Then this judgement even if between  X & Y only but will applicable for the whole world.

Judgement (or US spelling judgment) in Personam:

In Personam- It effects only the parties and not against the whole world. In simple terms, The judgment binds only the parties or privies to the suit. It does not bind entire world. A judgment in personam or inter parties is an ordinary judgment between parties in cases of contract, tort or crime.

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.

For example- If there is suit Between X & Y and having judgement. Then this judgement apply on X & Y only and will not affect others

Judgement in rem includes judgement in personam but vice-a-versa is not correct.

Example of practical use of Judgment in Rem and Judgment in Personam: Section 40-44 of Indian Evidence Act,1872 this concept has been dealt with. It is only one such example.   

Hope this clarify.

Happy Reading



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