Author(s): Vedant Mukhi

Abstract: A matter cannot be re-litigated between the same parties on the same subject once it has been decided by a competent court, according to the principle of res judicata, which is enshrined in Section 11 of the Code of Civil Procedure, 1908. It encourages judicial efficiency, fairness, and decision finality and is based on legal maxims such res judicata pro veritate occipitur and nemo debet bis vexari pro una et eadem causa. Identical parties, the same issue at hand, finality of judgment, competent jurisdiction, and identical titles are all necessary for res judicata to exist. By avoiding repetitive lawsuits, this theory safeguards the public interest, avoids court overburden, and maintains justice. Significant court interpretations have expanded the principle's application to encompass constructive res judicata, and it is applicable to civil actions, writ petitions, arbitration, and Public Interest Litigations (PILs). However, its balanced implementation is ensured by exceptions such as fraud, lack of jurisdiction, legal changes, infringement of basic rights, and Special Leave Petitions (SLPs). Notable rulings like Bhanu Kumar Jain v. Archana Kumar and Daryao v. State of U.P. emphasize how crucial it is to maintaining the effectiveness and integrity of the legal system. This essay looks at how res judicata balances finality and fairness in the legal system, making it a fundamental component of justice.

Pages: 228-230 | Views: 50 | Downloads: 29

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