December 13, 2022
All India Judiciary

The Doctrine of Res Subjudice is structured specifically in section 10 of the Code of Civil Procedure, 1908.  When the same case with the same title is being discussed or is up for judgement in court, Section 10 of the CPC provides the guidelines and necessary criteria for the Stay of Suits.

“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] have jurisdiction to grant the relief claimed, or in any Court beyond the limits of [India] established or continued by [the Central Government and having like jurisdiction, or before [the Supreme Court]”.

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The Civil Procedural Code, 1908 , Section 10 addresses the prerequisites for applying the res sub judice principle. The requirements for applying res sub judice are as follows:

Where the matter in issue is the same

According to Section 10, there must be two lawsuits—one that is initially instituted and another that is subsequently substituted—and the subject of both must be directly or substantially the same. To benefit from this approach, the suits’ issues must be the same; having only one or two issues in common is not enough. When there are multiple issues, the court may utilise its authority under Section 151 and either aggregate the trial of the lawsuit or stay the trial of a separate lawsuit. Courts may only employ their discretionary authority under Section 151 to suspend a trial if there has been a violation of court procedure or if doing so would be contrary to the interests of justice.

Matter in issue, directly and substantially – Here, “directly” refers to right away, that is, without any intervention. “Substantial” indicates fundamentally or materially.

Matter collaterally and incidentally in issue

It simply the opposite of the issue that is directly or significantly at is an incidentalissue which could have been brought to the court;s notice.

In cases where the parties are the same

The same parties or their representatives should be involved in both lawsuits.

Where the lawsuit’s title is the same

Both of the lawsuits in which the parties are involved should have the same names.

In which the case must be pending When the second lawsuit is filed, the first must still be ongoing in court. The term “pending” refers to a previously filed lawsuit in which no verdict has been rendered.

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