​Henderson Doctrine

  • In a recent case, the Supreme Court explained Henderson doctrine, a natural corollary of the Indian doctrine of constructive Res-judicata codified in Explanation IV of Section 11 of the Code of Civil Procedure (CPC).
  • The Henderson Doctrine, originating from the 1843 English case Henderson vs. Henderson, asserts that once a matter has been litigated, it should not be revisited in subsequent proceedings.
  • It prevents the re-litigation of issues that were or could have been addressed in the original proceedings.
  • This principle aims to instill a sense of sanctity toward judicial determinations and prevent the exploitation of procedural rules to fragment disputes ....
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