top of page

The Role Of Res Judicata In Ensuring Finality And Judicial Economy In Civil Litigation Under The Civil Procedure Code




Ananya Navare, Jinda Global Law School


ABSTRACT


Civil litigation is a key part of India's legal system. It offers ways to resolve disputes between individuals and organizations. The Code of Civil Procedure (CPC) governs civil litigation and includes different rules to improve judicial integrity and efficiency. A key rule in this framework is the doctrine of res judicata found in Section 11 of the CPC. This doctrine stops the relitigation of issues that courts have already decided. This research paper looks at how res judicata helps achieve two important goals: finality of judgments and efficient use of judicial resources. The doctrine is based on the idea that once a court makes a final judgment on a case, it settles the rights and responsibilities of the parties involved. This prevents endless legal conflicts. By analyzing laws, court interpretations, and how the doctrine is applied in practice, this paper shows how res judicata significantly eases the load on courts, saves judicial resources, and boosts public trust in the legal system. The study also examines constructive res judicata and different exceptions to the doctrine, such as public interest litigation and judgments per incuriam. While recognizing the doctrine's role in stopping multiple lawsuits, the paper discusses challenges, especially the balance between finality and the correctness of judgments. The research concludes that res judicata is an essential tool for maintaining judicial efficiency. It emphasizes the importance of applying this doctrine in a way that balances finality with fairness, justice, and good conscience.


Keywords: Res Judicata, Judicial Economy, Finality of Judgments, Code of Civil Procedure, Civil Litigation.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page