Concept of Sub Judice under CPC

Meaning of Res Sub Judice:

 Res = pending,  sub = subject and judice = under consideration for adjudication or under judiciary’s control.

Thus, res sub judice means a suit pending before a competent court for determination of rights and liabilities of the parties.

Object of Res Sub Judice:

1. To prevent the multiplicity of the proceedings.
2. To avoid conflicting judgments.
3. To put an end to litigation.

Object of the rule contained in Sec 10 – To prevent the courts of concurrent Jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of the same cause of action, the same subject matter and same relief; The policy of law is to confine the plaintiff to one litigation, thus obviating the possibility of two contradictory verdicts by one and the same court in respect of same relief [National Institute of Mental Health and Neuro Sciences v. C Parameshwara 2005 SC].

Section 10  Stay of Suit: 

No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in [India] having jurisdiction to grant the relief claimed, or in any Court beyond the limits of [India] established or continued by [Central Government] and having like jurisdiction, or before [the Supreme Court].

Explanation: – The pendency of a suit in a foreign Court does not preclude the Courts in [India] from trying a suit founded on the same cause of action.

• The term ‘court’ is not defined in the code. So, by court here it means a civil court.
• ‘Proceed with the trial’ – Section 10 does not bar the institution of suit, but only bars the trial. The subsequent suit, therefore, cannot be dismissed by the court, but is required to be stayed or postponed.
• Suit means a civil matter pending before a civil court which is instituted on the presentation of a plaint. ‘Any suit’- section 10 applies only to the suits and not to the complaints and applications. The term ‘suit’ in this section includes appeal. e.g., if a suit is filed in a court and decree has been passed against the plaintiff. Now he went for the appeal which is pending. Now, defendant file another suit in which issues are framed. Now the plaintiff in earlier suit is defendant and he files an application under section 10 as appeal is pending in the previous suit. So, now the question is whether application under section 10 is maintainable or not? So, the answer is yes Section 10 will apply as suit includes appeals also and later suit will stay.

  For example : A files a complaint of fraud of 10,00,000 against B. in this case magistrate allows bail to B. Now A files another suit for the recovery of 10,00,000 principal and 10,00,000 intertest? B files application under Section 10 whether application is maintainable? No, application under section 10 is not allowed because the pending matter is criminal not civil.

• The word ‘Matter in issue’ means the entire matter in the controversy in the suit. The fact that the subject matter of the previous suit is overlapping with the subsequent suit will not attract the section. Where the earlier suit was for the recovery of rent for a certain period and the subsequent suit is for the recovery of rent for the subsequent years and for ejectment, the matter in issue in the two suits would not be deemed to be the same and sec. 10 would not apply.
• Matter in issue must be directly and substantially in issue not incidentally or collateral. The issue must be necessary for the dispose off the suit.
• ‘Previously instituted suit’ – section 10 assumes there are two suits for the application of section 10. One suit is previously instituted it means that the date of institution of suit is relevant to decide which suit is prior.
• ‘between same parties’ – both the suit must be between same parties.

Conditions:
This section will apply where the following conditions are satisfied:

1. Presence of Two Suits: Where there are two suits, one previously instituted and the other subsequently instituted.
2. Matter in Issue: The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit.
3. Same Parties: Both the suits must be between the same parties or between their representatives.
4. Pendency of Suit: The previously instituted suit must be pending: –
5. In the same Court in which the subsequent suit is brought, or
6. In any other Court in India, or
7. In any Court beyond the limits of India established or empowered by the Central Government, or
8. Before the Supreme Court.
9. Jurisdiction: The Court in which the previous suit is instituted must have jurisdiction to grant the relief claimed in the subsequent suit.
10. Same Title: Such parties must be litigating under the same title in both the suits.
11. Provisions are Mandatory: The provisions contained in section-10 are mandatory and no discretion is left with the Court. The order staying proceedings in the subsequent suit can be made at any stage.

• • • A suit pending in a Foreign Court: The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action.
    • Inherent power to stay: A civil court has inherent power U/s 151 to stay a suit in the ends of justice or to consolidate different suits between the same parties containing the same matter in issue substantially.
    • Decree passed in contravention of S.10: It is the trial and not the institution of the subsequent suit which is barred under this section and therefore, a decree passed in contravention of S.10 is not a nullity, and the same can be executed.
    • Consent of parties: The provision of Section 10 is a rule of procedure which can be waived by a party and where the parties waive their right and expressly ask the Court to proceed with the subsequent suit, they cannot afterwards challenge the validity of the proceedings.