Doctrines in Res Sub Judice A Comprehensive Review of the Civil Procedure Code in India

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Published ID: IJNRD2409057

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Amit Bhandari

Res Sub Judice refers to the legal doctrine that prohibits the simultaneous litigation of the same subject matter in multiple courts to avoid conflicting judgments and wasted judicial resources. The Civil Procedure Code, which governs the procedural aspects of civil litigation in India, plays a pivotal role in shaping the application of this doctrine. This review delves into the historical development, principles, and contemporary challenges associated with "Res Sub Judice" in the Indian legal system. The doctrine of "Res Sub Judice" is rooted in the principles of judicial efficiency and the avoidance of conflicting decisions. Section 10 of the Code expressly addresses the principle of "Res Sub Judice," prohibiting the institution of a subsequent suit in a matter already pending before a competent court. This provision, along with various judicial pronouncements, has further refined the doctrine. Historically, the doctrine has undergone various interpretations and evolved to meet the changing demands of India's legal landscape. Courts have expanded the scope of "Res Sub Judice" to encompass not only identical parties and issues but also connected cases. This expansion is in line with the spirit of the doctrine, which is to prevent multiplicity of proceedings and ensure a uniform approach to adjudicating related disputes. The doctrine has also been used to curb forum shopping, where litigants strategically choose different courts to gain a tactical advantage. However, the contemporary legal landscape in India presents new challenges to the application of "Res Sub Judice." With the proliferation of specialized tribunals and forums, questions have arisen about whether these bodies fall within the ambit of the doctrine. The review also examines issues related to the harmonization of proceedings, the role of discretion in staying parallel proceedings, and the impact of alternative dispute resolution mechanisms on the doctrine's applicability.

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Amit Bhandari (September-2024). Doctrines in Res Sub Judice A Comprehensive Review of the Civil Procedure Code in India . INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 9(9), a520-a527. https://ijnrd.org/papers/IJNRD2409057.pdf

Volume 9 Issue 9, September-2024

Pages : a520-a527

Paper Reg. ID: IJNRD_212264

Published Paper Id: IJNRD2409057

Research Area: Other

Author Type: Indian Author

Country: ROORKEE, Uttarakhand, India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2409057.pdf

Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2409057

Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)

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