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Doctrine Of Res Sub Judice In Civil Procedure Code 1908

Meaning of Res Sub Judice

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

In bare language stay of suits:
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].

Important 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 subsequently suit.
  • 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 filed first.
  • 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.

Objective of section 10

  • 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.

Important Or Landmarks Case Laws

  1. 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.
     
  2. 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.
     
  3. 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.
     
  4. 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 protection act.
     
Conclusion of the topic
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.

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