Civil Procedure Code, 1908 – Doctrine of Res Sub Judice / Stay of Suit

Civil Procedure Code, 1908 - Doctrine of Res Judice / Stay of Suit

Civil Procedure Code, 1908 – Doctrine of Res Sub Judice / Stay of Suit

JI & GL online classes : In the previous article, we understood the Structure of Civil Courts and Jurisdiction of Courts and Venue of Suits. Now we will learn about the “Doctrine of Res Sub Judice / Stay of Suit”. So here we start…

General understanding of the Doctrine of Res Sub Judice / Stay of Suit and Doctrine of Res Judicata :

As per Section 10 of the Civil Procedure Code which deals with the Doctrine of Res Sub Judice, which deals with the stay of suits which are under consideration or adjudication is still pending by the Court whereas as per the Section 11 of the Civil Procedure Court which deals with Doctrine of Res Judicata, which deals with the matters already adjudicated.

Doctrine of Res Judice / Stay of Suit :

Under Section 10 of CPC, the rule under Doctrine of Res Judice prevents Courts of concurrent jurisdiction i.e. “the Courts having the ability to exercise the judicial review by different courts at the same time, within the same territory and over the same subject matter” from trying the parallel suits simultaneously in respect of the same matter in issue. This rule has been brought to avoid conflict of decision between two Courts having concurrent jurisdiction.

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