RES SUB-JUDICE (RSJ) under CPC:
Res Sub-Judice—[1]
Section 10 of CPC is based on the English doctrine of ‘Res sub-judice’.
Section 10 is a “rule of procedure”. Thus, Section 10 does not confer upon the parties any substantive right.
Object of RSJ–
Thus, the object of section 10 is to avoid frivolous litigations and save the precious time and money of the judicial system of the Court, State and the litigant. (MPJ-1983)
Section 10 prevent courts of concurrent jurisdiction from simultaneously trying two parallel suits on the same matter and same relief.
Enforceability of decree passed u/s 10—
A decree passed in contravention of Section 10 is not a nullity and can be executed.
Essentials of RSJ–
Following conditions must be fulfilled to attract Section 10 to stay the suit—
- There is a previously instituted suit b/w the same parties.
- The matter in issue is directly and substantially the same in both the suits.
- The suit is pending b/w the same parties or under the same title.
It is to be noted that Section 10 applies only to suits and not to the applications and complaints.
Section 10 does not bar the institution of a suit but only bars the trial thereof. Thus, the subsequent suit can not be dismissed by the court and the suit is simply stayed or postponed.
Interlocutory Order—
Section 10 does not prevent the court from passing interlocutory orders in the subsequently instituted suit.
Cross-Suit—
It is to be noted that one of the two cross-suit can not be stayed under Section 10. As in cross-suit, there is no identity of reliefs claimed. However, the court under its inherent jurisdiction can stay one of the cross-suits.
Whether Revisable—
Order passed under Section 10 is revisable.
Suits pending in foreign courts—
Explanation to Section 10 provides that 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.(CGJ-2003)
[1] . What is res sub-judice? Under what conditions can a suit be stayed? Can one of the two cross-suit be stayed? Is there any resemblance of the rule contained in Section 10, with the rule of res-judicata? Differentiate it from Res-judicata?(UPJ-1982)
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Prepared, complied and analyzed by Team LegalMine.
