Res sub judice is Latin word which res means matter and sub judice means pending
but in legal language res sub judice means subject matter pending or under
judgement or under consideration.
In res sub judice case when two or more suit can we filed by same parties, same
matter in issue, the competent court has 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.
Res sub judice
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.
But in simple words the competent court has the power to stay on suit which
matter 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. Court stay the subsequently suit filed by the parties. [The
court only stay or bared on trail of the subsequently suit].
Condition Of Section 10
- 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
- Res sub judice applied only in civil cases.
- The suit must be between the same parties for same issue and title.
- Previously case must be pending in the any court in India where it is
- 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. Foreign court does not cover under section 10 of
civil procedure of code 1908.
Landmarks Case Laws
- 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.
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 stay of subsequently suit. Prior suit was already
pending in Jamshedpur court also. The plaintiff stated the defendant has
challenged the Jurisdiction of Jamshedpur court to entertain 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 substantially
matter in issue in both suits must be same. There must be Suit between the same
parties and litigating under them. In 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 defendant
should not question the competency of 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 same parties. The
court should not proceed the trial of the subsequently suit in order to grant
because the prior court is competent to grant relief.
SPA Annamalay Chetty vs B.A Thornlill AIR 1931:Why we use stay of suit or res sub judice? The court said that section 10 of
civil procedure of code is protecting people from a multiplicity of proceeding
and avoid conflict of decisions. It is also protects the litigant people from
unnecessary harassment for parallel suits.
Dees Piston Ltd V State Bank of India 1991: In this case held that when a
matter of suit is before a competent court, the national commission will not
entertain a petition in respect of identical subject matter under consumer
My conclusion of the topic is that the section 10 stay on suit or res sub judice
is very important section under civil procedure code because this section
reduces the burden of judiciary system by stay on suit which avoids multiplicity
of proceeding or protects the litigant for unnecessary trail. The doctrine of
res sub judice fastens the justice delivery system in India.