Res-subjudice - Law question

Asked in 2019 for 10 marks

What is res-subjudice? Explain

Answer: Sub-judice in latin means ‘under a judge’. It means a cause that is under trial or pending before a court. The doctrine of res-subjudice prevents the trial of a suit which is already pending in a court of competent jurisdiction. When two or more cases are filed between the same parties on the same subject matter, the competent court has power to stay proceedings of other courts. The doctrine of res sub-judice prevents multiplicity of litigation on the same subject matter and also prevents pronouncing different judgements.

Section 10 of Civil Procedure Code 1908 lays down the procedure for the doctrine of res sub-judice. It provides that civil court should not proceed with the trial of any suit in the matter in issue is directly and substantially an issue in a previously instituted suit between the same parties and the court before which the previously instituted suit is pending is competent to grant the relief sought (Indian Bank Vs. Maharashtra State Coop. Marketing Federation Ltd, SC 1952).  

However, the section emphasises that pendency of a suit in a foreign court does not precludes the courts in India from trying a suit founded in the same cause of action.

The objective of res sub-judice is essentially to protect a person from multiple proceedings and to avoid a conflict of decision. Thereby it also protects a person from unnecessary harassment. (SPA Annamalaya Chetty Vs. BA Thornhill, Privy Council 1931)

Conditions: Section 10 of the Civil Procedure Code enumerates the conditions to be met to apply the principle of res sub-judice. These are:

1. There must be two or more suits

2. The matter in issue in all these suits should be same

3. The parties in suits must be same

4. The title of the suits must be same

5. The suit is pending before a competent court