Res sub judice
Res sub judice1+2*
Section 10 of Code of Civil Procedure, 1908 deals with the stay of civil suits. It provides 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 that the court in which the previous suit is pending is competent to grant the relief claimed.
Section 10 reads thus:
Stay of suit: 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 having 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 attached to the section mentions that 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.
Meaning of Res sub judice:
The concept of res sub-judice might have started with the jury system, but some countries have extended the concept to Bench trials.
Section 10 of the Civil Procedure Code (CPC) deals with Res sub-judice and Section 11 with Res judicata. Res sub-judice means that a case already pending before a judicial authority for resolution cannot be raised before another judicial authority by the same aggrieved person, if the first forum is empowered to adjudicate upon the issues raised before the second forum.
It is a salutary rule designed to prevent judicial forum shopping and trivialisation of law.
Res judicata, on the other hand, prevents the same person from raising a matter already resolved by a judicial forum.
Nature and scope of Section 10:
Section 10 declares in plain words that no court should
Section 10 of Code of Civil Procedure, 1908 deals with the stay of civil suits. It provides 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 that the court in which the previous suit is pending is competent to grant the relief claimed.
Section 10 reads thus:
Stay of suit: 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 having 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 attached to the section mentions that 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.
Meaning of Res sub judice:
The concept of res sub-judice might have started with the jury system, but some countries have extended the concept to Bench trials.
Section 10 of the Civil Procedure Code (CPC) deals with Res sub-judice and Section 11 with Res judicata. Res sub-judice means that a case already pending before a judicial authority for resolution cannot be raised before another judicial authority by the same aggrieved person, if the first forum is empowered to adjudicate upon the issues raised before the second forum.
It is a salutary rule designed to prevent judicial forum shopping and trivialisation of law.
Res judicata, on the other hand, prevents the same person from raising a matter already resolved by a judicial forum.
Nature and scope of Section 10:
Section 10 declares in plain words that no court should