UNDERSTANDING THE DOCTRINE OF RES JUDICATA IN INDIAN PERSPECTIVE

AUTHORS – HARSH RAJ* & UJJWAL KUMAR SINGH**, STUDENT & ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – HARSH RAJ & UJJWAL KUMAR SINGH, UNDERSTANDING THE DOCTRINE OF RES JUDICATA IN INDIAN PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 332-336, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

A cornerstone of Indian law is the idea of res judicata, which guarantees the finality of court rulings and prohibits the retrial of cases that have previously been decided by competent courts. Its name, which comes from the Latin maxim “res judicata pro veritate accipitur,” is intended to encourage judicial efficiency by preventing needless court cases. Res judicata, which is codified in Section 11 of the Code of Civil Procedure, 1908, has two main purposes: first, it shields people from the hassle of having to deal with repeated lawsuits for the same issue; second, it preserves the authority and dignity of court decisions by considering them as definitive. Through significant rulings, the Indian judiciary has developed and improved the theory since independence. The finality of the decision, the participation of the same parties, the same cause of action, and the fact that the matter is directly and materially in dispute are important guiding elements. The doctrine covers arbitral proceedings, administrative rulings, and criminal cases. Application challenges come from changing legal environments, recognising similar problems, and overseeing public interest lawsuits. Despite these difficulties, res judicata is nonetheless essential for preserving the stability, efficacy, and integrity of the legal system since it prevents disputes from being reopened after they have been definitively settled.

Keywords– Res Judicata,Court, Code, Civil, Doctrine