Res sub-judice is a term that has been
derived from two Latin words - res, meaning "a matter" or "a
thing," and sub judice, meaning "under judgment" or "under
consideration by a court." It is a legal concept that refers to a
situation where a matter is pending before a court, and as a result, the same
matter cannot be taken before another court until the pending case is resolved.
Suppose three individuals (including
you) have inherited a property that is shared between them. However, a dispute
arises regarding the ownership of the property, and you decide to file a
lawsuit to claim your share of interest. Meanwhile, one of the other
co-inheritors also files a similar lawsuit in a different court. This can
create confusion as to which court's order or decree should be followed, and
can result in a waste of time and resources.
To overcome this situation, the concept
of "res sub judice" was introduced. This concept means that when a
matter is already under consideration by a court, it cannot be re-litigated in
another court. In other words, if two or more cases are pending in different
courts regarding the same matter, the court that first takes up the case and
begins proceedings will have exclusive jurisdiction over the matter. The other
courts will not have the power to hear the case and will have to stay their
proceedings until the first court makes its decision. This helps to avoid
contradictory judgments and ensures that there is no unnecessary duplication of
effort in the legal system.
SECTION 10 OF CODE
OF CIVIL PROCEDURE,1908:
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 1[India] have
jurisdiction to grant the relief claimed, or in any Court beyond the limits
of 1[India] established or continued by the Central
Government, and having like jurisdiction, or before 4[the
Supreme Court].
Explanation.--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
ESSENTIALS OF
SECTION 10
Section 10 of the Indian Civil
Procedure Code specifies the legal principle of "res sub-judice,"
which means that a matter pending before a court cannot be re-litigated in
another court. The section outlines the following essential requirements:
Two or more suits: There must be two or
more suits, i.e., a previous suit and a subsequent suit.
Same matter in issue: The matter in
issue in the subsequent suit must be directly or substantially the same as that
of the previous suit.
Same parties: The subsequent suit must
be filed with the same parties as in the previous suit, or with parties who are
in privity with them.
Previous suit is pending: The previous
suit must be pending and undecided at the time of filing the subsequent suit.
Jurisdiction of the previous suit
court: The court where the previous suit is pending must have jurisdiction to
try the subsequent suit as well.
IS SECTION 10
APPLICABLE ON FOREIGN COURTS?
The principle of res sub-judice applies
to courts within the jurisdiction of India. However, whether or not Section 10
CPC is applicable on foreign courts would depend on the specific circumstances
of the case and the laws of the foreign jurisdiction.
In general, if a subsequent suit is
filed in a foreign court, the foreign court may apply the principle of res
sub-judice based on its own laws and rules. This may depend on various factors,
such as the nature of the dispute, the parties involved, and the applicable
laws.
If the matter in issue is directly or
substantially the same as that of a previous suit pending before an Indian
court, the foreign court may refuse to entertain the subsequent suit based on
the principle of res sub-judice. This may also depend on whether the parties
involved in the subsequent suit are the same as in the previous suit or if they
are in privity with them.
Inherent Power and
Section 10 CPC: Essentials and Effects
Inherent power of a court provides
essential and permanent authority to ensure complete justice in a case.
Section 10 of CPC allows a court to
stay a subsequent suit involving the same matter as a previous suit to prevent
conflicting decisions.
In case Section 10 does not apply, the
court can use its inherent power under Section 151 to stay a suit.
The court can also consolidate
different suits between the same parties with the same matter to avoid multiple
cases and delays.
Any decree passed in contravention of
Section 10 is not null, and parties can waive their rights to proceed with the
subsequent suit.
An order of stay under Section 10 does
not take away the power of the court to pass interim orders such as attachment
of property, injunctions, etc.
CONCLUSION
Res sub-judice is an essential
principle in the legal system, as it helps to avoid contradictory judgments and
unnecessary duplication of legal proceedings. When a court has taken up a case,
it has exclusive jurisdiction over the matter, and all other courts must
refrain from hearing the same matter until the pending case is resolved. This
rule ensures that there is clarity and consistency in legal judgments and helps
to streamline the legal process.
Res Sub-Judice under CPC: Nature, Scope and Objective - iPleaders
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