Henderson Doctrine

Context:

In a recent case, the Supreme Court elaborated on the Henderson Doctrine, which is a natural extension of the Indian doctrine of constructive res judicata.

About the Henderson Doctrine:

The Henderson Doctrine originates from the English case of Henderson vs. Henderson (1843). It establishes the principle that all issues arising from the same subject matter in a litigation must be addressed in a single suit.

Key points of the doctrine include:

1. Bar on Relitigation: It prohibits parties from relitigating issues that could or should have been raised in earlier proceedings.
2. Requirement to Present Entire Case:
   • If a matter has been litigated and adjudicated by a court of competent jurisdiction, the litigating parties are expected to bring forward their entire case during the first proceeding.
   • This includes not just the issues explicitly decided by the court, but also any potential claims or issues that properly belonged to the subject of the litigation and could have been raised.
3. Purpose of the Doctrine:
   • Ensures that litigants are not subjected to repetitive or vexatious legal proceedings.
   • Promotes finality in legal disputes.
4. Scope: The doctrine bars claims and issues from being raised in subsequent litigation unless exceptional circumstances justify reopening them.

What is the Principle of Res Judicata?

The term "res judicata" literally means “the thing has been judged” and is also known as claim preclusion.

Key aspects of res judicata:

1. Preventing Duplicate Litigation:
   • It applies when a litigant attempts to file a new lawsuit on the same matter after a judgment has already been delivered in a previous case involving the same parties.
2. Judicial Concept:
   • The principle ensures that issues which have been decided by a competent court cannot be re-litigated.
   • Courts will dismiss such cases as being redundant and unnecessary.
3. Applicability:
   • Res judicata is applicable in both civil and criminal legal systems.

Conclusion:

The Henderson Doctrine reinforces the principle of res judicata by mandating that all issues related to a subject matter must be brought forward in the first litigation. Together, these doctrines ensure finality of judgments, reduce legal harassment, and prevent the courts from being burdened with repetitive cases.