Literal Meaning
It is the duty of a good judge to prevent litigation.
Explanation
This maxim refers that a good judge knows how to get cases settled that should be settled easily and avoiding needless litigation. It is the duty of a good judge to prevent litigations, that suit may not grow out of suit, and it concerns the welfare of a state that an end be put to litigation.
Origin
Latin
Case References
Land acquisition officer v. Karigowda, (2010) 5 SCC 708
In this case court held that an established maxim “Boni judicis est lites dirimere, ne lis ex lite oritur, et interest reipublicae ut sint fines litium”, casts a duty upon the Court to bring litigation to an end or at least endure that if possible, no further litigation arises from the cases pending before the Court in accordance with law. This doctrine would be applicable with greater emphasis where the judgment of the Court has attained finality before the highest Court. All other Courts should decide similar cases particularly covered cases, expeditiously and in consonance with the law of precedents.
Krishnamoorthy v. Lakshmi, 2013 SCC OnLine Mad 839
In the judgement of this case justice G. Rajasuria states that ‘I would like to observe and remark that the plaint prayer is not a wholesome and comprehensive one. Trite the proposition of law is that a suit should not lead to multiplicity of proceedings. I recollect the following maxim-‘Boni judicis est lites dirimere, ne lis ex lite oriatur’ – It is the role of a good judge to dispose of litigations so that one suit should not grow from another’.
Prem Prakash Chaudhary v. Rajinder Mohan, 2011 SCC OnLine Del 686
In this case court find the proposition that the agricultural holding cannot be partitioned amicably by the parties themselves and the parties have to necessarily sue therefore to be preposterous. The Reforms Act was not intended to bring about a change in the normal rights of a person or of the co-owners to effect partition amicably without being required to approach the Courts therefore. The attempt of the Courts must always be to minimize litigation and not multiply it. An established maxim Boni judicis est lites dirimere, ne lis ex lite oritur; et interest reipublicae ut sit finis litium casts a duty upon the Court to bring litigation to an end and to ensure that no further litigation arises from its decisions.
Edited by Sree Ramya
Approved & Published – Sakshi Raje
