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.

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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
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article

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

Vansh Saha
LawFoyer International Journal of Doctrinal Legal Research.
Legal Systems and Judicial Processes
article

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

Vansh Saha
article en

Abstract

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.

LawFoyer International Journal of Doctrinal Legal Research.Vol. 2(4)
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Legal Systems and Judicial Processes
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