Civil Procedure Code, 1908 – Doctrine of Res Sub Judice / Stay of Suit
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.
What are the essential conditions for Stay of Suit :
We can say that there are essentially 4 conditions for Stay of Suit which are as follows :
- There must be two suits instituted at different times out of which one instituted previously and the other suit which has been instituted subsequently.
- The matter in issue in both the latter suits shall be same directly or substantially as in the former suits.
- Also, both the suits shall be between the same parties.
- The former suit shall be pending i.e. must not have been adjudicated either in the same court or in any other competent court but not in the foreign court.
If all the above conditions are fulfilled than the Court is empowered to stay the later suit and not the former suit.
Doctrine of Res Judicata / Suit Barred :
Under Section 11 of CPC, the rule under Doctrine of Res Judicata prevents two different decrees on the same subject. In other words, this rule deals with barring or restraining on repetition of litigation of the same issues. This rule has been brought to bring an end or set a limit to the litigation on the same issues.
What are the essential conditions Res Judicata :
We can say that there are essentially 5 conditions for Res Judicata which are as follows :
- The matter must be directly or substantially in issue in both the former and later suit.
- Both the suits shall be between the same parties.
- The parties should have litigated under the same title.
- The court that decided the former suit must be a competent court.
- The matter should have been decided on the merits and the final decision should have been made after hearing.
Purposes of Doctrine of Res Judicata :
The main purposes of this doctrine are to prevent
- injustice to the parties of a decides suit
- unnecessary waste of court resources
- multiplicity of suits
- recovery of damages from the defendant twice for the same injury.
The Doctrine of Res Judicata is based on three roman maxims also the Doctrine of Res Judicata is of two types which we will deal with in our next article.
For CS Executive online classes, visit www,takshilalearning.com. Our experts will help you in your preparation and clear your doubts within 24 hours.
Subscribe Our YouTube channel for free lectures and career counselling sessions.
Learn JI & GL video classes & pendrive based video lectures here…
Subscribe to our social channel.
Call us: 8800999280/83/84 or fill the form for any other details:
0 responses on "Civil Procedure Code, 1908 - Doctrine of Res Judice / Stay of Suit"