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Res Sub Judice

The document discusses Section 10 of the Code of Civil Procedure, 1908, which addresses the principle of Res sub judice, preventing courts from adjudicating on matters already under consideration in another suit involving the same parties. It outlines the conditions for applying this section, emphasizing that it only bars the trial of a subsequent suit, not its institution. The document also highlights the mandatory nature of this provision and its implications, including case law examples that clarify its application.

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29 views2 pages

Res Sub Judice

The document discusses Section 10 of the Code of Civil Procedure, 1908, which addresses the principle of Res sub judice, preventing courts from adjudicating on matters already under consideration in another suit involving the same parties. It outlines the conditions for applying this section, emphasizing that it only bars the trial of a subsequent suit, not its institution. The document also highlights the mandatory nature of this provision and its implications, including case law examples that clarify its application.

Uploaded by

paulnabnita983
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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17/09/2024, 16:29 drishtijudiciary.com/to-the-point/ttp-code-of-civil-procedure/res-sub-judice-stay-of-suit?

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Res Sub Judice: Stay of Suit | 31 Oct 2023


Introduction

Section 10 of the Code of Civil Procedure, 1908 (CPC) deals with the concept of Res sub judice.
Res Sub judice is a Latin maxim which means under judgement.
It implies that where the same subject matter is pending in a Court of law for adjudication between the
same parties, the other court is barred to entertain it.

Section 10 of CPC

This section states that 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 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.
Explanation - The pendency of a suit in a foreign Court does not preclude the Courts in India
from trying a suit founded on the same cause of action.
This Section applies only to suits and not to applications and complaints. The term suit in this
section includes appeal.
The words ‘matter in issue’ means the entire matter in controversy in the suit and not merely one of
the several issues.

Object of Section 10 of CPC

The object of Section 10 of CPC is to prevent the courts of concurrent jurisdiction from simultaneously
entertaining and adjudicating upon two parallel litigations in respect of the same cause of action,
the same subject matter and the same relief.
It also aims to avoid frivolous litigation and thus save the judicial system from the wastage of time
and money of the State and of the litigant.

Conditions for Section 10 of CPC

For the application of Section 10 of CPC, the following conditions must be satisfied:

There must be two suits, one previously instituted and the other subsequently instituted.
The matter in issue in the subsequent suit must be directly and substantially in issue in the previous
suit.
Both the suits must be between the same parties or their representatives.
Such parties must be litigating under the same title in both the suits.
The previously instituted suits must be pending in the same court in which the subsequent suit is
brought or in any other court in India or beyond the limits of India having the like jurisdiction.
The Court in which the previous suit is instituted must have jurisdiction to grant the relief claimed in
the subsequent suit.

Section 10 of CPC Only Bars the Trial


This Section does not bar the institution of a suit, but only bars the trial.
The subsequent suit therefore cannot be dismissed by the court but is required to be stayed. In certain
cases, it is necessary for the plaintiff to file the second suit.

Inherent Power to Stay

The provisions contained in Section 10 are mandatory and no discretion is left with the court.
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The order to stay proceedings in the subsequent suit can be made at any stage.
When there is a case for the application of Section 10 of CPC, recourse to the inherent powers under
Section 151 of CPC is not justified.

Effect of Contravention
A decree passed in contravention of Section 10 of CPC is not a nullity and therefore cannot be
disregarded in execution proceedings.
This Section lays down a rule of procedure, pure and simple, which can be waived by a party.
Mere filing of an application under Section 10 does not in any manner put an embargo on the power
of the court to examine the merits of the matter.

Case Laws

In the case of Indian Bank v. Maharashtra State Co-operative Marketing Fed. Ltd. (1998), the
Supreme Court held that the rule laid down in Section10 of CPC applies to trial of a suit and not
the institution thereof.
In the case of Ragho Prasad Gupta v. Shri Krishna Poddar (1969), the Supreme Court held that the
Doctrine of Res Sub Judice will not apply when the matter in issue in a subsequent suit is completely
different from the suit that was instituted initially,

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