Difference between Res Judicata and Res

Sub Judice
Res Judicata Res Sub Judice

Res judicata applies to a decided or Res Sub judice applies in a matter which is
adjudicated matter. pending.

It bars the trial of a suit or an issue which It bars trial of a suit which is a pending
has already been decided in a former suit. decision in a previously instituted suit.

Section 11 of the Civil Procedural Code, Section 10 of the Code exclusively deals
1908 deals with res judicata. with the principle of res sub judice.

Conditions:
Conditions:
1. There must be presence of two
1. A court of competent jurisdiction
suits one which was formerly
must have given the decision in
instituted and other which was
the former instituted suit.
subsequently instituted.
2. The matter in issue in the
2. The issues in the subsequent suit
subsequent suit must be same
should be directly or substantially
which is directly or substantially
be the same with the previous
in issue in the former suit.
suit.
3. The parties should be same in
3. The parties in both the suits
both the suits.
should be same.
4. The court which gave decision in
4. The court in which the previous
former suit must be a court of
suit was instituted must be a
competent jurisdiction.
court which has competent
5. The parties in the former suit jurisdiction to try such suit.
must have litigated under the
5. The title should also be the same
same title or in other words in
in both the suits under which they
the same capacity.
are litigating.