Question:

What is res sub judice? under this doctrine when trial of suit can
be stayed by a court? ( 15 marks)

Answer:

In Latin sub judice means ‘under judgment’. It denotes a

circumstance where two or more cases are filed between the
same parties on the same subject matter, and the competent
court has power to stay proceedings.

The Civil Procedure Code provides rules for the civil court in
respect of the doctrine of res sub judice under section 10. This
rule applies to trial of a suit and not the institution of suit.

The object of section 10 CPC:

Object of the section 10 is to prevent courts of concurrent

jurisdiction from simultaneously entertaining and adjudicating
upon two parallel litigation in respect of same cause of action,
same subject matter and same relief. Policy of law is to confine
a plaintiff to one litigation, thus obviating the possibility of two
contradictory verdicts. It aims to protect a person from
multiplicity of proceedings and to avoid conflict of decisions. It
also aims to avert inconvenience of parties and gives effect to
rule of res judicata.

Coming to second part of question, in order to put stay on a suit,

court needs to ensure compliance of some essential conditions
which are required for the application of the doctrine of res sub
judice :

-There must be two suits one previously instituted and the other
subsequently instituted.

- The matter in issue in the subsequent suit must be directly and

substantially in issue in the previous suit.

- Both the suits must be between the same parties or their

representatives.

- The previously instituted suit must be pending in the same

court in which the subsequent suit is brought.
-The Court in which the previous suit is instituted must have
jurisdiction to grant the relief claimed in the subsequent suit.

- Such parties must be litigating under the same title in both the
suits.

If these conditions are fulfilled, the subsequent suit must be

stayed by the court where it is pending. It is mandatory
provision.

Institution of suit barred ; not trial of suit:

The opening words of the section provides that “No court shall
proceed with the trial” which makes it apparent that the
institution of suit is not barred by this section rather the trial is
barred. At the same time, it is to be kept in mind that the rule of
res sub judice applies to appeals and revisions but it does not
preclude a court from passing interim orders such as arrest
before judgement, attachment before judgement, stay, etc.

Thus, the provisions contained in the Section 10 shall be

considered strictly and mandatory and the court, henceforth, is
bound to stay the proceedings of any suit, having satisfied the
conditions laid down under this section.