RES JUDICATA AND RES SUB-JUDICE
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Keywords:
Doctrines, Res Judicata, Res sub-judice, JudiciaryAbstract
The Civil Procedure Code, 1908 was endorsed with a view to have an unwavering civil procedure in all the courts. The code also contains doctrines, and not only provisions and rules, which are to be applied in every case to ensure the proper functioning of judiciary so that the people’s faith and trust, in judiciary and its functioning, remains unhindered. The doctrine of res judicata and res sub-judice shall be strictly applied for the smooth functioning of 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. This paper attempts to analyse the doctrine of res judicata and res sub-judice and provides the reason for the necessity application of these doctrines effectively and strictly.
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