Meaning, Scope and Purpose of Res Sub-Judice
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Res Sub-Judice and its significance in court proceedings
Sub-judice is a Latin maxim meaning ‘under judgment’ or ‘under a judge’, or a matter ‘under consideration’. This maxim primarily deals with the ‘stay of suits’ with the same cause of action and matters which are pending before the same court or in separate courts. The doctrine of Res Sub-judice means ‘stay of suit’. In other words, when two or more than two cases are filed in two or more different courts with the same subject matter between the same parties, the competent court has the authority or power to ‘stay proceedings’ of another court. More precisely, any subject matter or suit of the same parties litigating under the same title, with the same issue and cause of action, as in the previous suit then the secondly instituted suit is deemed to be stayed. The stay of suits can only be done by the competent courts having jurisdiction and inherent powers.
The main aim of this doctrine is to prevent the courts from entertaining two parallel litigations and as well as reduce the overburden of the judiciary. As two or more courts hear a matter between two same parties with the same titles and issues, their judgments could be contrary resulting in a multiplicity of suits which is an important impact of Res Sub-judice on parallel litigations. In Indian law, Section 10 of the CPC (Code of Civil Procedure) deals with the concept of Res Sub-judice. The scope of Section 10 of the CPC (Code of Civil Procedure), 1908, deals with res Sub-judice which states ‘stay of suit’ as “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 claiming 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.”
Key Principles of Res Sub-judice
Res Sub-judice has the following conditions without which it cannot be applied.
- There should be two suits, one is Previously Instituted and the second is Subsequently Instituted.
- Both the suits, Previously Instituted suit and Subsequently Instituted suit, must be between the same parties.
- The subject matter in issue in the subsequent suit is directly and substantially the same as the subject matter in issue in the previous suit.
- In both suits, the parties are litigating under the same title.
- The former or previous suit must be pending in the same court or any other court.
- The court dealing with the previous suit must be competent in its jurisdiction for granting relief asked for in the subsequent suit.
For applicability of the doctrine of Res Sub-Judice, there is a requirement that all the above-mentioned conditions are satisfied and fulfilled.
Non-Applicability of Res Sub-judice
- Not applicable between the suits where parties are the same but the issues are not the same.
- Not applicable when the former suit or subsequent suit is filed in a foreign court that is not under the Control of the Indian Central Government and Supreme Court of India.
- Not applicable in the interim orders passed by the Court of Law.
Purpose of Res Sub-judice
- To avoid wastage of the Court’s time and resources.
- To avoid the judiciary’s overburdening by the multiplicity of suits.
- To avoid inconvenience to the parties and prevent them from unnecessary harassment.
- To prevent the judiciary from delivering conflicting decisions due to the multiplicity of suits.
Through this, it can be demonstrated that the primary motive of Section 10 is to prevent contradictory decisions by different courts in the same matter. In case, the provisions of Section 10 of CPC do not apply, Civil courts have inherent power under Section 151 of CPC to stay a suit to achieve justice.
Suit pending in Foreign Court
In case a suit is pending in a foreign court then the Indian Court has the power to try a subsequent instituted suit. This means a case can be carried on in two courts simultaneously.
Difference between Res Judicata and Res Sub-judice
Serial Number | Res Judicata | Res Sub-judice | ||||
1. | It is a Latin maxim meaning ‘matter has been adjudicated’. | It is a Latin maxim meaning ‘under judgment’. | ||||
2.. | It is applied to a matter that is already decided or adjudicated. | It is applied to a matter which is pending. | ||||
3. | The concept of Res Judicata is embodied under Section 11 of CPC. | The concept of Res Sub-Judice is embodied under Section 10 of CPC. | ||||
4. | A decision must be given in the previously instituted suit by a court of competent jurisdiction. | Two suits must be presented, Formerly or previously instituted suit and subsequently instituted suit. | ||||
5. | The former suit and subsequent suit must have been litigated under the same title. | The former suit and subsequent suit must be litigating under the same titles. | ||||
6. | It bars the trial of a suit, decided in a former or previous suit. | It bars the trial of a suit, pending before the former or previous suit. |
List of related matters
- Rekha Mukherjee Appellant vs. Ashish Kumar Das and another respondent (18 November 2003)
- Maj. Gen. Kapil Mehra & Ors. vs. Union of India & Anr. (17 October 2014)
Conclusion
Increase in the number of cases within the courts, results in their over-burdening with tons of repetitive suits. To ensure the smooth working of the judiciary and that every person gets justice delivered on time, Res Sub-judice and Res Judicata doctrines are to be efficiently implemented. Their implementation saves a lot of time and resources for the judiciary as they avoid a multiplicity of suits and ensure that all the rights of an individual are protected. These doctrines help in determining those who try to misuse their rights and gain double benefits. The doctrine of Res Sub-judice plays a significant role in reducing the burden of the judiciary and is an acknowledged principle of law that ensures fair justice to every citizen. Moreover, to ensure the speedy and effective functioning of the judiciary processes, these doctrines are essential to be implemented. It can be said that there will be no end to the litigations if no doctrine will be used.
