Constructive Res Judicata
Doctrine of Res Sub Judice and Section 10 CPC Explained
What is Res Sub Judice?
"Res Sub Judice" is a Latin phrase meaning "a matter under judicial consideration".
It refers to a situation where a civil suit is pending adjudication in a court.
The doctrine prohibits courts from trying a case or suit if a substantially similar case involving the same parties and the same issue is already pending before another court.
The idea is to avoid conflicting judgments, multiplicity of litigation, and judicial confusion.
Section 10 CPC – Provision
Section 10 of the Code of Civil Procedure reads:
**"If, at the time when a suit is filed, any other suit is pending between the same parties, for the same cause of action, and in the same court or in any other court competent to grant the relief claimed, the court shall either—
(a) stay the suit until the disposal of the other suit, or
(b) proceed with the suit, but stay the proceedings with respect to such claims as are the subject matter of the other suit,**
as it may deem fit."
Essentials of Section 10 (Doctrine of Res Sub Judice)
To attract Section 10 CPC, three key ingredients must be satisfied:
Suit Pending: There must be a suit pending at the time the second suit is filed.
Same Parties: The parties involved in both suits must be the same.
Same Cause of Action: The cause of action in both suits must be the same or substantially the same.
Competent Court: The first suit must be pending in the same or any other court competent to try the suit.
If all these conditions are met, the court before which the second suit is filed shall either stay or adjourn the second suit to avoid conflicting decisions.
Purpose of Section 10 CPC
To avoid multiplicity of litigation (one issue being tried in multiple courts simultaneously).
To prevent conflicting judgments on the same issue between the same parties.
To uphold judicial discipline and ensure efficient utilization of judicial resources.
To provide certainty and finality in judicial decisions.
Difference Between Res Sub Judice and Res Judicata
| Aspect | Res Sub Judice (Section 10) | Res Judicata (Section 11) |
|---|---|---|
| Meaning | Matter under judicial consideration (pending suit) | Matter already decided by a competent court (final judgment) |
| Effect | Court may stay or adjourn the second suit | Court bars a suit on the same cause of action |
| Purpose | Avoid conflicting decisions & multiplicity of suits | Prevent re-litigation of the same issue |
| Requirement | Pendency of suit on same cause and parties | Finality of decree on same cause and parties |
Important Case Laws on Section 10 CPC (Doctrine of Res Sub Judice)
1. Raj Prasad Singh v. State of Bihar, AIR 1966 SC 2085
Held: Section 10 applies only when the subsequent suit is filed while the former suit is pending.
Principle: The purpose is to avoid multiple trials of the same cause of action simultaneously.
Observation: If the earlier suit is dismissed before the second suit is filed, Section 10 will not apply.
2. Sundaram Pillai v. T. R. Pattabiraman, AIR 1959 SC 830
Held: For Section 10 to apply, the cause of action must be substantially the same in both suits.
Explanation: If the suits relate to different causes of action or different reliefs, Section 10 will not bar the second suit.
The court has discretion to either stay the suit or proceed with it.
3. Smt. Suman P. Bhatia v. Dr. Pratap D. Bhatia, (2012) 4 SCC 370
Held: Section 10 is based on the doctrine of res sub judice and aims to avoid multiplicity of proceedings.
Observation: Courts should stay or adjourn the subsequent suit to avoid conflicting decisions when the requirements are met.
The discretion lies with the court regarding whether to stay or proceed with the suit.
4. New India Assurance Co. Ltd. v. O.P. Gupta, AIR 1967 SC 1710
Held: The suits must be between the same parties and for the same cause of action.
Remark: Mere coincidence of facts or parties does not trigger Section 10; the cause of action must be the same.
Practical Illustration:
Suppose Party A files a suit against Party B in Court 1 for recovery of Rs. 10 lakhs based on a loan agreement.
Meanwhile, Party A files another suit against Party B in Court 2 for recovery of the same Rs. 10 lakhs based on the same loan agreement.
Court 2 will stay or adjourn the suit under Section 10 CPC because a suit is already pending between the same parties for the same cause.
Summary
| Key Point | Explanation |
|---|---|
| Section | 10 of CPC |
| Doctrine | Res Sub Judice (matter pending before court) |
| Purpose | Avoid multiple litigation and conflicting judgments |
| Requirements | Suit pending, same parties, same cause of action, competent court |
| Court’s Power | Stay or adjourn the subsequent suit |
| Exception | Not applicable if cause of action is different or previous suit dismissed |
| Relation with Res Judicata | Res Sub Judice prevents simultaneous suits; Res Judicata bars subsequent suits on decided matters |
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