RES SUBJUDICE & RES JUDICATA

Ch. 2.1 Res-Subjudice: Sn .10 CP.C.

This means 'a right under judicial consideration'.
In order to prevent courts of concurrent jurisdiction from simultaneously trying two parallel suits in
respect of the same matter in issue, provisions are made in Sn.10 C.P.C.
Such a matter is said to be 'Res Subjudice' if the matter previously instituted is pending in another
court of competent jurisdiction.
What is barred is the second suit instituted. The second court should not proceed with the trial of
the suit if:
i) The matter in issue is also directly and substantially in issue in a previously instituted suit between
the same parties.
ii) The previously instituted suit must be (a) in the same court in which the second, suit is brought or
(b) in any other court original or appellate.
iii) The previously instituted case must be pending in any of the courts as above or Supreme Court
competent to grant the relief.
E.g.: B residing in Calcutta, has an agent A at Mysore to sell goods. A sues B in Mysore for balance
due on account. During the pendency of the suit B institutes a suit against A, in Calcutta. The
Calcutta court must not proceed as the matter is re-subjudice in Mysore Court. The suit must be
stayed.
Exception: If a suit is pending in a Foreign Court, the suit is not barred in India and hence, a suit may
be filed.
The provisions in Sn 10 are mandatory. It also applies to proceedings under Art 226 of the
Constitution.
Ch.2.2. Res Judicata : Sn. 11 C.P.C.
Res Judicata means 'right decided’. This means 'the matter is adjudicated' and hence, the
competent court has already decided the matter. The rule is that the second trial should be barred
to prevent multiplicity of proceedings. This rule was laid down in the Duchess of Kingstone's case by
Sir William de Gray, Judge. However, several conditions are to be fulfilled to bar the jurisdiction of
the second court.