Execution Proceedings-

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  Execution Proceedings (Ss.47, 60, 122 Or.21 Rs.11, 98 & Or.11 R.14):- Executive Proceedings-Executing court must dispose of executive proceedings within six months from date of filing which may be extended only by recording reasons in writing for such delay. This would mean that every effort should be made to dispose of execution petition within said time-limit and executing court should have reasons for not being able to dispose of execution petition. Executing court is duty-bound to record reasons in writing when it is unable to dispose of matter within six months (Bhoj Raj Garg vs Goyal Education & Welfare Society: (2025) 9 SCC-618.
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Res Judicata :-

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Res Judicata :-

                  Re Judicata is a plea available in Civil proceedings in accordance with Section 11 of Code of Civil Procedure. It is a doctrine applied to give finality to ‘lis’ in original or appellate proceedings. As per the Law Lexicon “res adjudicate” means “A matter adjudged; a thing judicially acted upon or decided; a thing or matter settled by judgment; a thing definitely settled by judicial decision, the thing adjudged”. In Corpus Juris, it has been stated,”res judicata is a rule of universal law pervading every well regulated system of jurisprudence and is put upon two grounds, embodied in various maxims of the common law; the one, public policy and necessity, which makes it to the interest of the state that here should be an end to litigation, the other, the hardship to the individual that he should not be vexed twice for the same cause”.

                  ‘Res judicata’ literally means a ‘thing adjudicated’ or ‘an issue that has been definitely settled by judicial decision as in referred in Alka Gupta vs Narender Kumar Gupta (2010) 10 SCC-141.

                  Both Res judicata and Constructive res judicata are legal doctrines established to ensure the finality of judicial decisions, save court resources, and prevent parties from filing repetitive lawsuits or litigating in "installments". While both operate under the same fundamental legal principles (like Section 11 of the Code of Civil Procedure (CPC) in India), they differ significantly in their scope and application.

Comparison

Feature

Res Judicata

 

Constructive Res Judicata

Nature

Prohibits the re-litigation of decided matters.

 

 

Prohibits the litigation of matters that should have been decided.

What was litigated?

Only issues actually argued and determined.

 

 

Issues that were entirely omitted but logically could have been raised.

Legal Provision (CPC)

Section 11 (Main Body).

 

Explanation IV to Section 11.

Objective

To uphold the conclusiveness of judgments.

 

 

To prevent the abuse of the judicial process via piecemeal litigation.

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