RES JUDICATA (BACKBONE OF CPC)
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Abstract
The civil procedure code of 1908 was enacted with a view to have an unvarying civil procedure in all the courts. The code does not contain only provisions and rules but also doctrines that are to be necessarily made applicable in all the courts in all suits in order to not to degrade the standards and functioning of the Judiciary in the eyes of the public that leads to destroy the faith and trust on the judiciary and its functioning. The judiciary being one of the important organs of the state to restore peace and render justice the doctrine of res judicata and res sub judice should be applied in a strict manner for the smooth functioning of the judiciary. The major amendment of 1877 of the civil procedure made an important change regarding making the applicability of doctrine of res judicata in a more effective manner. The judiciary is essential to function properly in each state. No one should doubt the orders passed on a decided matter by the judiciary. The civil suits either pending or decided should not be instituted again in any court and trial for the suit should not be conducted. Double institution of suits either on a pending or decided matter will create a chaotic environment as the judgements passed by different courts and judges won’t be the same. Each has their own way of interpreting the facts and providing justice. Moreover the judiciary in India is very slow in disposal of cases and double suits may create stress to the parties than providing them with justice as the cases are delayed and may still remain undisputed even after many years and generations. This paper analyses the doctrines of res sub judice and res-judicata and provides the reason for the necessity application of these doctrines in India effectively and strictly.
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