CRITICAL ANALYSIS OF DOCTRINE OF RES JUDICATE AND RES SUBJUDICE BY MANVI SINGH @LEXCLIQ

  1. Effective and efficient functioning of courts is very essential for speedy disposal of cases in the country.The present legal system lays down several principles to ensure that the rules and doctrines when implemented accordingly leads to increase in judicial and Res Sub judice are two important doctrine that is basically founded on the principle of justice,equity and good conscience.

RES JUDICATA 

In case of Res Judicata a matter once decided cannot be raised again,either in the same court or in a different court.This is why it is also called as claim preculsion as it precludes or prohibits any further claims after the final Judgement.It is a common law practise mean to bar re litigation of cases between the same parties in the court.The doctrine of Res Judicata come from the full maxim Res Judiciate Pro Vertiate accipiture.The concept of Res Judicate evolved from the english common law system and was derived from the overriding concept of judicial economy consistency ,and finally.

PURPOSE OF RES JUDICATA 

RES JUDIACATA AIMS TO PREVENT;

1.Injustice to the parties of a case that has been supposedly conclude by providing closure to a Judgement and preceding any further claim.

2.Unnecessary waste  of court resources.

3.Multiplying of Judgement as further claims would leads to several varied judgments on the same matter which will lead to confusion .

4.Recovery of damage from the defendant’s twice for the same injury.

MAXIMS : 

Doctrines of Res Judicata or rule of conclusion judgement is based on the following three maxims :

a) Nemo debet lis vexari pro eadem causa :

No man to be vexed twice for the same cause.

b) Interest Republicae ut sit finis litium  :

It is in the interest of the state that there should be end to litigation.

c) Re Judicata Pro veritate occipitur :

A Judicial Decision should be accepted as correct.

RES JUDICATA UNDER LAW :

Res Judicata or the rule of conclusive ness of the Judgement has been embodied in the Indian law under sec 11 of the code of civil procedure , 1908 . It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequently litigation.

Section 11 states that :

No court shall try any suit or issue in which the matter directly and substantially in issues has been directly and substantially in issue in a former suit between the same parties or between parties under whom they or any of them claim.

APPLICATION OF RES JUDICATA : 

The doctrine of Res Judicata can be invoked even in the subsequent stage of the same proceedings. An order is made in the course of the proceedings,  it becomes final and therefore would be binding upon the parties at any subsequent stages the same proceeding .

THE COURT HELD THE FOLLOWING FOUR CONDITION MUST BE STATISFIED FOR THE APPLICATION OF RES JUDICATA : 

1.There must be conflict of interest between the defendants concerned

2.It must be necessary to decide such conflicts in order to give relief to the plaintiff

3.The questions between the defendants to be finally decided.

4.Co Defendant to be necessary and proper parties to the suit.

NON APPLICATION OF RES JUDICATA  : 

HABEAS CORPUS PETITION : 

Habeus Corpus,filled under fresh grounds and changed circumstances will not be barred by a Previous Such Petition.

DISMISSED OF WRIT PETITION IN LIMINE : 

Res Judicata not applicable when dismissed in LIMINE or on grounds of laches or availability of alternate remedies.

RES SUB JUDICE : 

When two or more cases are filled between the same parties on the same subject matter in two or more different court the competent court has power to stay proceeding of another court.

CONCLUSION  : 

With the ever increasing cases in the courts and the heightened burden on the courts because of several frivolous and Repetitive suits it is inevitable that to ensure smooth functioning of the Judicial system as well as for  providing justice to needy parties that these two doctrines are rigorously implemented. These doctrine aren’t and must not be used for the aim of avoidance of justice.The doctrine of Res Sub Judice operates as a stay from the same subject matter in issues being parallel instituted in two different court and the twins objective of Section 10 cpc are avoiding wastage of court resources and time .

WRITTEN BY MANVI SINGH…

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