Volume : VII, Issue : X, October - 2018

Doctrine of Res Judicata and maintainability of suits – A Study

Prof Dr Mukund Sarda

Abstract :

Doctrine of ‘Res Judicata’ is a well established doctrine in civil law as well as common law countries which states that any case which is finally decided by a competent court is not subject to further appeals. Therefore, this doctrine is often invoked during court proceedings for rejection of a plaint. Supreme Court in a recent case has referred to acceptance of such claims under this doctrine for rejection of plaints and has laid down various guidelines regarding the same. Moreover, in the case of V. Rajeshwari the court has laid down that the doctrine does not determine the jurisdiction of court but merely addresses the public policy of finality of decisions and avoidance of vexing a person more than once. The court in another case has further stated that order VII Rule 11(d) of the Civil Procedure Code, 1908 has limited application. Moreover, High Courts have ruled that a claim under Order 7 Rule 11 (d) would not undergo rejection for the reason that it is barred by limitation, which has been upheld by Supreme Court in various cases. The aim of this paper is to study the doctrine of Res Judicata through various rulings of Supreme Court and High Courts and to draw conclusions as to how this doctrine is applied in cases.

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Article: Download PDF   DOI : 10.36106/ijsr  

Cite This Article:

Prof (Dr) Mukund Sarda, Doctrine of Res Judicata and maintainability of suits – A Study, INTERNATIONAL JOURNAL OF SCIENTIFIC RESEARCH : Volume-7 | Issue-10 | October-2018

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