Updated: Sep 16, 2020
To avoid the multiplicity of suit the concept of Res Sub Judice is provided under Section 10 of Code of Civil Procedure 1908. Sub Judice means ‘under judgment’. It implies that a matter is being considered by court or judge.
On the other hand,Res Judicata means a matter that has been judged and the concept of this is provided under Section 11 of Code of Civil Procedure 1908.
The Latin word "Res" means thing and "sub judice"means under a judge or under determination of a court. Technically the term res subjudice means stay of suit.
Section 10 of the Code of Civil Procedure 1908, deals with the concept of res subjudice which states : "No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court".
The object of Section 10 is to prevent Courts of concurrent jurisdiction from simultaneously, trying two parallel cases, in respect of same matter in issue. The two fold objects are:
1. Avoid wasting Court Resources.
2. Avoid Conflicting decisions.
Section 10 can only be applied if the following condition are satisfied. These are:
1. Two suits – Previously Instituted and Subsequently Instituted.
2. Matter in issue in subsequent suit – directly and substantially in issue in previous suit.
3. Both suits between same parties or their representatives.
4.Previous suit must be pending in same or in any other court.
5. The court dealing with previously instituted suit competent to grant relief claimed in subsequent suit.
6. Parties litigating under the same titles in both the suit.
Under Section 11 of the Code of Civil Procedure,1908, deals with the Doctrine of Res Judicata, which implies that an issue or a point that has been decided and has attained finality should not be allowed to re-opened and re-agitated twice over. Basically, When a case has already been decided and the final judgement been given such that the matter is no longer subject to appeal, the doctrine of res judicata bars or precludes continued litigation of such matter between the same parties.
Section 11 of the Code of Civil Procedure 1908, deals with the concept of Res Judicata which states: "No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court".
The doctrine of Res Judicata come from the maxim ‘Res judicata pro veritate accipitur’.
The doctrine of res judicata is based on three maxims:
1. Nemo debet bis vexari pro una et eadem causa which means "no man should be punished twice for the same cause"
2. Interest reipublicae ut sit finis litium which means "it is in the interest of the state that there should be an end to a litigation"
3. Res judicata pro veritate occipitur which means "a judicial decision must be accepted as correct".
Distinction Between Res Subjudice & Res Judicata
In case of Res Subjudice, It relates to a matter, which is pending in the Court of Law whereas the rule of Res Judicata is applicable when the matter is already adjudicated upon by the Court.
Res Subjudice bars the trial of a suit in which the matter is pending for decision in the previous suit. On the other hand, Res Judicata prevents the trial of a suit or issue in which the matter in issue has already been decided in a previous suit.
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