11 December 2011
Doctrine of Res Sub-Judice [Section 10] Section 10 of the Civil Procedure Code provides the doctrine of res sub-judice or the rule with regard to stay of suit where things are under consideration by court. It provides that no court shall proceed with the trial of any suit in which the mater in issue is also directly and substantially in issue in a previously instituting suit between the same parties where such suit is pending in the same or any other court in India. However, the pendency of a
Doctrine of Res-Judicata [Section 11]
The doctrine of res-judicata or the Rule of conclusiveness of judgments is explained in Section 11 of the Civil Procedure Code. It provides that once the matter is finally decided by a competent court, no party can be permitted to re-open it in subsequent litigation. The principle underlines that no one shall be vexed twice for the same cause. It prevents two different decrees on he same subject.
11 December 2011
• Sec.10 of the CPC deals with Res Subjudice while Sec.11 deals with Res judicata.
• Res Subjudice says 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 and the Court in which the previous suit is pending is competent to grant the relief granted. Res Judicata says that no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and subsantially in issue in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, in a competent court to try such subsequent suit or the suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court.
• Res Subjudice applies to a matter pending trial. Res Judicata applies to a matter adjudicated upon.
• Res Subjudice stays the trial of the suit/issue which is pending decision in a previously instituted suit. Res judicata bars the trial of a suit or issue which has been decided in the former suit.
12 December 2011
No.1) Res-judicata deals with cases, which have already been decided by a Court of competent jurisdiction, but Res-subjudice deals with cases which are pending before the Court of competent jurisdiction.
No.2) In Res-judicata the Court shall not try at all a case, which has previously tried, while in Res-subjudice the Court shall not proceed with a case, in-respect of which a suit is already pending.
No.3) Res-judicata prohibits second trial of the same dispute between same parties, while Res-subjudice prohibits proceedings of two parallel suits between same parties.
Conclusion: So it can be concluded that by applicability of Res- judicata the Court shall not try a suit, which has already been tried, on the other side by applicability of Res-subjudice the Court shall not proceed-with a suit which is already pending before the Court of competent jurisdiction. The main spirit behind these two principles is that no person should be call in question twice for the same cause of action.
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