Res sub judice'

12:06 AM

Res sub judice' says that:
When two cases are filed between the same parties on same subject-matter in two different courts, the competent court has the power to stay the proceedings of the lower court.
    Res-subjudice (Stay of Suit)

Section 10 of the CPC deals with the concept of ‘res subjudice’. The Latin world ‘ Res ’ means ‘ thing ’ and ‘ sub judice ’ meand ‘ under a judge ’ or ‘ under determination of a court. ’ Technically the term ‘ res subjudice ’ means stay of suit. In other words, a suit is to be stayed the subject matter of which is already a matter of issue in another suit. Section 10 specifies 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.
Conditions of Res-subjudice: – For the application of section 10 following conditions have to be fulfilled
Two or more suits
All suites are pending
Same Parties
Same Subject-matters
Same Cause of Action
Section 10 of C.P.C. deals with stay of suit. The other name of this section is Res-Sub Judice. It provides:

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 constituted by the Central Government and having like Jurisdiction or before the Supreme Court.
The essence of this section is that it does not bar the institution of a suit, but only bars the trial, if certain conditions are not fulfilled. The subsequent suit, therefore, cannot be dismissed by the Court, but is required to be stayed.
A person, who seeks to get a suit stayed under the doctrine of Res-Sub Judice, shall satisfy the following conditions:
1. There must be two suits – one previously instituted and the other subsequently instituted.
2. The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit.
3. Both suits must be between the same parties or their representatives.
4. The previously instituted suit must be pending in the same Court in which the subsequent suit is brought or in any consequent Court to try the said suit.
5. The Court in which previous suit is pending, must be a competent Court to grant relief.
6. Parties to previous suit and subsequent suit must be litigating under the same title in both suits.
Section 10 is mandatory and no discretion is left with the Court, but to stay the suit based on the doctrine of Res-Subjudice.
Section 10 is an exemption to a suit pending in a foreign Court.
A Civil Court can stay a suit by virtue of inherent powers vested in it under Section 151, C.P.C., even without application of Sec. 10 of C.P.C.

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