Dr.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY, LUCKNOW

CIVIL PROCEDURE CODE

PROJECT SYNOPSIS:

“Res Judicata under the Civil procedure code in

India : A Comprehensive Analysis”

SUBMITTED TO – SUBMITTED BY –
DR. VIPUL VINOD RIDAM GANGWAR
ASISSTANT PROFESSOR Enrollment No.- 210101116
(LAW) B.A. LL.B. (Hons.)
Dr. Ram Manohar Lohiya National Law University 4th Semester, Section ‘B’
Project Title:
Res Judicata under the Civil Procedure Code in India: A Comprehensive Analysis

Introduction:
Res Judicata is a fundamental principle of civil law, which means a matter already adjudicated upon by
a competent court cannot be reopened for consideration. It is an important aspect of the legal system in
India that ensures the finality of judgments and prevents the same matter from being repeatedly litigated.
The principle of Res Judicata is governed by the Civil Procedure Code (CPC) in India, which lays down
the legal framework for civil litigation in the country.

Objectives:

The primary objective of this project is to provide a comprehensive analysis of the principle of Res
Judicata under the CPC in India. The project aims to achieve the following objectives:
1. To understand the concept and significance of Res Judicata in civil litigation in India
2. To examine the legal provisions related to Res Judicata under the CPC in India
3. To analyze the scope and application of Res Judicata in different types of civil suits
4. To identify the exceptions to the principle of Res Judicata and their implications on civil litigation
in India
5. To examine the practical challenges in the implementation of the principle of Res Judicata in India

Methodology:

The project will be based on both primary and secondary sources of data. The primary sources of data
will include the Civil Procedure Code, case laws, and judicial pronouncements related to Res Judicata
in India. The secondary sources of data will include books, articles, and research papers on the subject.
The project will be carried out in the following stages:

I. Literature review: The project will begin with a comprehensive review of the literature related to
Res Judicata under the CPC in India. This will involve the identification of relevant sources of data
and their critical analysis.
II. Legal analysis: The legal provisions related to Res Judicata under the CPC will be examined in
detail. The analysis will include the examination of the scope and application of Res Judicata in
different types of civil suits and the exceptions to the principle of Res Judicata.

III. Case analysis: The project will include an analysis of the relevant case laws and judicial
pronouncements related to Res Judicata in India. This will involve the identification of key
precedents and their implications for civil litigation in India.

IV. Practical challenges: The project will examine the practical challenges in the implementation of
the principle of Res Judicata in India. This will include an analysis of the factors that hinder the
effective implementation of Res Judicata and possible solutions to overcome these challenges.

CONCLUSION

The project will conclude with a summary of the key findings and recommendations for future
research. The project will contribute to the understanding of the principle of Res Judicata under the CPC
in India and its implications for civil litigation in the country. The project will also provide insights into
the practical challenges in the implementation of Res Judicata and possible solutions to overcome them.
In , Res Judicata is a fundamental principle of civil law in India that plays a significant role in
ensuring the finality of judgments and preventing repeated litigation of the same matter. The principle is
enshrined in the Civil Procedure Code (CPC) and is applicable to all civil suits in India.
The project has analyzed the concept and significance of Res Judicata in civil litigation in India, the
legal provisions related to Res Judicata under the CPC, the scope and application of Res Judicata in
different types of civil suits, the exceptions to the principle of Res Judicata, and the practical challenges
in the implementation of Res Judicata in India.
The legal analysis has revealed that Res Judicata is a crucial principle that ensures the finality of
judgments and prevents the abuse of the judicial process. The principle is applicable to all civil suits,
and its scope and application depend on the nature of the suit and the stage of the proceedings. The
exceptions to the principle of Res Judicata are limited and are meant to ensure that justice is not denied
to a party due to technicalities.
The case analysis has demonstrated that the principle of Res Judicata has been consistently
applied by Indian courts, and there are numerous precedents that establish its importance in civil
litigation. The practical challenges in the implementation of Res Judicata include the lack of awareness
among litigants, delay in the disposal of cases, and the need for efficient court management systems.
In conclusion, the project has provided a comprehensive analysis of the principle of Res Judicata
under the CPC in India. The principle plays a crucial role in ensuring the finality of judgments, and its
effective implementation is essential for the efficient functioning of the civil justice system in India. The
project's findings and recommendations will be useful for policymakers, legal practitioners, and
researchers interested in civil litigation in India.

DURATION:
The Rough draft / Synopsis and Final draft of the project RES JUDICATA UNDER THE CIVIL
PROCEDURE CODE :COMPREHENSIVE ANALYSIS was completed in around one month . The
final draft will be submitted by 30th March , 2023.