When two courts deal with the same case at the same time, it creates confusion. To avoid this law, we have the concept of res sub judice.
Res Sub Judice: Meaning and Origin
Res Sub Judice is a Latin term. It means “under judicial consideration”. The law uses it to prevent multiple courts from trying the same matter between the same parties at the same time.
The goal? Avoid conflicting judgments and unnecessary trials.
Legal Basis of Res Sub Judice in India
Section 10 of the Code of Civil Procedure, 1908 (CPC) contains this doctrine.
It says that no court shall proceed with a trial of any suit in which the matter in issue is also directly and substantially in issue in a previously filed suit between the same parties (or their representatives) pending in a court having jurisdiction.
Conditions
The doctrine only applies if all these are true:
- Two suits are pending — one filed before, one after
- Same matter is directly and substantially in issue
- Same parties or parties claiming under them
- Previously instituted suit is pending in a competent court
- Court in the first suit has jurisdiction over the matter
If even one of these is missing, Res Sub Judice will not apply.
Purpose
- Prevents duplication of cases
- Avoids conflicting decisions
- Saves judicial time and resources
- Ensures orderly conduct of trials
The principle helps maintain clarity and consistency in the court system.
Res Sub Judice vs Res Judicata
Students often confuse these two doctrines. Here’s how they differ:
| Feature | Res Sub Judice | Res Judicata |
|---|---|---|
| Meaning | Matter already under trial | Matter already judged |
| CPC Section | Section 10 | Section 11 |
| When it applies | When suit is pending | When suit is already decided |
| Effect | Stay of second suit | Bar on second suit |
Key Case Law
Indian Bank v. Maharashtra State Cooperative Marketing Federation (1998)
The court held that Section 10 applies only when the previously instituted suit is pending and the issues are directly and substantially the same.
This case clarified that the second suit is not dismissed but only stayed until the first one is decided.
Exceptions
- Does not apply to execution proceedings
- Doesn’t stop courts from granting interim relief
- If the issue is not directly and substantially the same, it won’t apply
Conclusion: One Issue, One Court
Res Sub Judice keeps the legal system organized. It avoids repetition, reduces confusion, and lets one court handle one issue at a time. As a law aspirant, knowing this doctrine shows that you’re serious about legal procedure and justice efficiency.
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