DOCTRINE OF RES JUDICATA UNDER SECTION 11 OF CODE OF CIVIL PROCEDURE, 1908 (CPC): A DETAILED EXAMINATION OF ITS SCOPE, CONSTRUCTIVE RES JUDICATA, AND DISTINCTION FROM ISSUE ESTOPPEL
The doctrine of Res Judicata, codified under Section 11 of the Code of Civil Procedure (CPC), is a fundamental principle aimed at ensuring the finality of judicial decisions. It prevents parties from re-litigating issues already decided by a competent court, thus promoting judicial economy, reducing frivolous litigation, and upholding the sanctity of judicial pronouncements. Rooted in the maxim nemo debit bis vexari pro una et eadem causa (no one should be vexed twice for the same cause), this doctrine ensures that once a matter is finally adjudicated, it attains legal finality, protecting individuals from endless litigation.
Authors
- Vansh Saha
Publication Details
- Journal
- LawFoyer International Journal of Doctrinal Legal Research.
- Published
- 2024-11-01
- DOI
- https://doi.org/10.70183/lijdlr.2024.v02.57
- Primary Topic
- Legal Systems and Judicial Processes
- Type
- article
- Field-Weighted Citation Impact
- 0.00