The Doctrine Of Res Sub Judice In India: A Critical Appraisal And Contemporary Relevance

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Aanya Jain, O.P. Jindal Global University (Jindal Global Law School)

ABSTRACT:

This paper explores the intricacies of the legal doctrine of res sub judice, with a focus on the hypothesis that the objective of this doctrine, as enshrined under Section 10 of the Code of Civil Procedure, has deviated from its intended purpose over time. Through an examination of the legal framework and its practical application, this research delves into how res sub judice has been interpreted and utilized in the legal sphere, potentially diverging from its original intent to prevent conflicting decisions and promote fairness. Relying on a detailed analysis of existing case laws and landmark judgments, this paper seeks to uncover the mechanisms contributing to this shift, while assessing their influence on legal outcomes. By critically engaging with synthesis of existing research and theoretical frameworks along with the functioning of law enforcement, this study aims to understand how the doctrine, initially intended to ensure procedural integrity, may instead be contributing to limited access to justice. Furthermore, the paper explores how this phenomenon impacts societal perceptions of justice and equity, while also perpetuating systemic biases within legal institutions. Through these insights, we aim to offer a better understanding of the current role of res sub judice in the broader context of civil procedural law.

THE DOCTRINE OF RES SUB JUDICE IN INDIA- A CRITICAL APPRAISAL AND CONTEMPORARY RELEVANCE.p

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