Meaning and Purpose

Stay of subsequent suit

Res Sub Judice is a Latin term meaning “a matter already under judicial consideration.” Section 10 of the Code of Civil Procedure, 1908, incorporates this principle to prevent multiple suits on the same matter between the same parties.

The section mandates a stay on a subsequent suit when the matter in issue is already directly and substantially in issue in a previously instituted suit that is still pending in a competent court.

Purpose: To avoid:

• Contradictory judgments
• Duplication of judicial effort
• Harassment to parties and wastage of resources

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Conditions for Applicability

Identity of matter in issue

The subject matter of both the earlier and the later suit must be directly and substantially the same. Minor differences do not alter the applicability of Section 10.

Identity of parties

The parties to the two suits must be the same or litigating under the same title. If even one party is different, Section 10 may not apply.

Identity of the court

The previously instituted suit must be pending in a court of competent jurisdiction that is capable of granting the relief sought in the subsequent suit. Both courts must have jurisdiction over the subject matter.

Suit in India

Section 10 is applicable only if the previously instituted suit is pending in a civil court within India. Suits pending in foreign courts do not attract the bar under this section.

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Meaning and Purpose

Principle of finality of litigation

Res Judicata literally means “a matter already judged.” Section 11 of the Civil Procedure Code, 1908, enshrines this principle to ensure the finality of litigation. Once a competent court has decided a matter, the same issue cannot be reopened between the same parties in another proceeding.

"No man ought to be vexed twice"

This legal maxim emphasizes that a person should not face multiple litigations for the same cause. Res judicata aims to protect individuals from repetitive litigation, conserve judicial time, and maintain consistency in decisions.

Conditions for Applicability

Directly and substantially in issue

The issue raised in the subsequent suit must be the same issue which was directly and substantially in issue in the earlier suit and was decided by the court.

Matter previously decided

The matter must have been heard and finally decided in the former suit.

Parties under whom they or any of them claim

The parties in both the suits must be the same or claiming under the same title or interest.

Court competent to try such subsequent suit

The former suit must have been decided by a court that was competent to try the later suit when the earlier suit was instituted.

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Constructive Res Judicata

Matter which ought to have been raised

Constructive Res Judicata prevents parties from raising in a subsequent suit any ground of attack or defense which they could and ought to have raised in a previous suit but did not.

This is covered under Explanation IV of Section 11 and aims to avoid multiplicity of litigation by requiring parties to raise all related claims in one proceeding.

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Res Judicata and Foreign Judgments

Under Section 13 of the CPC, a foreign judgment is conclusive between the parties unless it falls under exceptions such as:

• Lack of jurisdiction
• Not on merits
• Opposed to Indian law or natural justice

If the foreign judgment fulfills all conditions of conclusiveness, it can operate as res judicata in Indian courts.

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