The doctrine of Res Sub-judice under Code of Civil Procedure 1908, with Case laws

Meaning of Res Sub Judice

The term Res Sub Judice in Legal Paralance has a wide application and meaning in judicial proceedings. It is explicitly not mentioned in the Code of Civil procedure 1908, but an inference is derived from section 10 of CPC. Section 10, talks about the concept behind the Doctrine of Res SubJudice.

Res Sub Judice is a Latin Term. In Latin, the term Sub-judice means ‘under a judge’ or in other words, a matter ‘under consideration. It means a cause that is under trial or pending before a court or judge. The doctrine of res-judicata prevents the trial of a suit that is already pending in a court of competent jurisdiction. When the same parties file two or three cases in the same matter, the competent court has the power to stay proceedings of another court. The primary aim is to prohibit the courts of concurrent jurisdiction from simultaneously entertaining two parallel litigations.

In res sub judice case when two or more suits can be filed by same
parties, same matter in issue, the competent court has the power to stay the suit by the doctrine of res sub judice under section 10 of civil procedure court 1908. Due to this doctrines res sub judice court
prevent his crucial time.

Understanding Res sub judice in Simple Words

In bare language stay of suits“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 to litigate under the same title where such suit is pending in the same or any other Court in India have 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.”

But in simple words the competent court has the power to stay on the suit which matters in issue is directly and substantially same, suits of parties are far same title and

most important is there must be 2 suits in court prior and
subsequently suit. The court stays the subsequent suit filed by the
parties. [The court only stays or bared on trail of the subsequent
suit].

Also Read: Article 32 and 226, Importance of Judicial Writs in Indian Judicial

IMPORTANT CONDITION OF SECTION 10

Section 10 of the Civil Procedural Code, 1908 deals with the conditions required to apply the principle of res sub judice. The conditions in the process of application of res sub-judice are:

• There must be 2 suits in court and previously suits must be under trail but must be stay on subsequently suit.
• Issue must be directly and substantially same in issue. In the case of when substantially issue is not same so court has no power to stay on subsequently suit.
• Res sub judice applies only in civil cases.
• The suit must be between the same parties for same issue and title.
• Previous case must be pending in the any court in India where it is filed first.
• Court can not dismiss the suit only it can be postpone the suit.
• Applied cannot be filed when suit stay under section 10 only revision petition shall be filed.

Exception of res sub judice

the pendency of a suit in a foreign court does not preclude the court in India. The foreign court does not cover under section 10 of the civil procedure of code 1908.

Objective of section 10

• The main of objective of section 10 is to protect a person from a multiplicity of proceeding.
• Avoid conflict of decisions of two parallel suits.
• It also protects the litigant people from unnecessary harassments.
• The most important is to protect court time or delay of court and avoid wasting Court Resources.

Also Read: What is free legal aid service, Process, and Importance in India

IMPORTANT OR LANDMARKS CASE LAWS

Escorts Construction Equipments Ltd. v. Action Construction
Equipments Ltd 1998 :
Facts of the case are the defendant of the case had filed for suit under section 10 of civil procedure code for a stay of subsequently suit. The prior suit was already pending in Jamshedpur court also. The plaintiff stated the defendant has challenged the Jurisdiction of Jamshedpur court to entertain the same suit. But that application under section 10 can be filed in the present suit only if objection with respect to lack of jurisdiction was withdrawn in Jamshedpur court.
Court held that condition to requisite to revoke section 10. The
Substantial matter in issue in both suits must be the same. There must be a Suit between the same parties and litigating under them. In a previously instituted suit to be in the same or different court has jurisdiction to grant relief. The court grant the relief to the defendant because there is nothing to the effect that the defendant should not question the competency of the prior court in the prior instituted suit but the plaintiff in their defense against, the application had not stated the Jamshedpur court is competent.

Indian bank vs Maharashtra state corp. marketing federation
ltd. 1998 SC:

In this case, the court held that when the subject matter is directly and substantially is same in a previously instituted suit between the same parties. The court should not proceed with the trial of the subsequent suit in order to grant because the prior court is competent to grant relief.

SPA Annamalay Chetty vs B.A Thornhill AIR 1931 :

Why do we use stay of suit or res sub judice? The court said that section 10 of the civil procedure of code is protecting people from a multiplicity of proceedings and avoid conflict of decisions. It also protects the litigant people from unnecessary harassment for parallel suits.

Dees Piston Ltd V State Bank of India 1991:

In this case, it was held that when a matter of the suit is before a competent court, the national commission will not entertain a petition in respect of an identical subject matter under the consumer protection act.

Conclusion of the topic

My conclusion of the topic is that section 10 stay on the suit or res sub judice is a very important section under the civil procedure code because this section reduces the burden of the judiciary system by staying on the suit which avoids multiplicity of proceeding or protects the litigant for the unnecessary trail. The doctrine of res sub judice fastens the justice delivery system in India.

By : Shubham Attri