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 Page 1


Difference 
Between Res 
Judicata and Res 
Sub Judice
Page 2


Difference 
Between Res 
Judicata and Res 
Sub Judice
Res Judicata
Definition
A legally resolved case where further 
litigation on the same matter with the 
same parties is prohibited after a final 
judgment.
Purpose
Prevents repetitive lawsuits, ensures 
finality in legal decisions, and conserves 
judicial resources.
Example
If a court decides John Doe is not liable for a debt, the creditor cannot sue him again for the 
same debt.
Page 3


Difference 
Between Res 
Judicata and Res 
Sub Judice
Res Judicata
Definition
A legally resolved case where further 
litigation on the same matter with the 
same parties is prohibited after a final 
judgment.
Purpose
Prevents repetitive lawsuits, ensures 
finality in legal decisions, and conserves 
judicial resources.
Example
If a court decides John Doe is not liable for a debt, the creditor cannot sue him again for the 
same debt.
Res Sub Judice
Definition
Latin for "under judgment," a principle 
based on public policy.
Purpose
Prohibits filing two simultaneous claims 
on the same subject matter.
Importance
Promotes judicial efficiency and 
prevents waste of resources from 
redundant proceedings.
Example
A person cannot file similar property 
dispute cases in different courts 
simultaneously.
Page 4


Difference 
Between Res 
Judicata and Res 
Sub Judice
Res Judicata
Definition
A legally resolved case where further 
litigation on the same matter with the 
same parties is prohibited after a final 
judgment.
Purpose
Prevents repetitive lawsuits, ensures 
finality in legal decisions, and conserves 
judicial resources.
Example
If a court decides John Doe is not liable for a debt, the creditor cannot sue him again for the 
same debt.
Res Sub Judice
Definition
Latin for "under judgment," a principle 
based on public policy.
Purpose
Prohibits filing two simultaneous claims 
on the same subject matter.
Importance
Promotes judicial efficiency and 
prevents waste of resources from 
redundant proceedings.
Example
A person cannot file similar property 
dispute cases in different courts 
simultaneously.
Res Judicata and Res Sub Judice
Res Sub Judice
Explained in Section 10 of the Civil Procedure 
Code, 1882
Cases are to be stayed during court 
consideration or adjudication.
Res Judicata
Discussed in Section 11 of the Civil Procedure 
Code, 1882
Prohibits re-trial of a suit or issue already 
conclusively decided
Page 5


Difference 
Between Res 
Judicata and Res 
Sub Judice
Res Judicata
Definition
A legally resolved case where further 
litigation on the same matter with the 
same parties is prohibited after a final 
judgment.
Purpose
Prevents repetitive lawsuits, ensures 
finality in legal decisions, and conserves 
judicial resources.
Example
If a court decides John Doe is not liable for a debt, the creditor cannot sue him again for the 
same debt.
Res Sub Judice
Definition
Latin for "under judgment," a principle 
based on public policy.
Purpose
Prohibits filing two simultaneous claims 
on the same subject matter.
Importance
Promotes judicial efficiency and 
prevents waste of resources from 
redundant proceedings.
Example
A person cannot file similar property 
dispute cases in different courts 
simultaneously.
Res Judicata and Res Sub Judice
Res Sub Judice
Explained in Section 10 of the Civil Procedure 
Code, 1882
Cases are to be stayed during court 
consideration or adjudication.
Res Judicata
Discussed in Section 11 of the Civil Procedure 
Code, 1882
Prohibits re-trial of a suit or issue already 
conclusively decided
Key Difference Between 
Res Judicata and Res 
Sub Judice
Timing
Res Sub Judice: 
Cases under 
consideration
Res Judicata: 
Cases already 
decided
Legal Basis
Res Sub Judice: 
Section 10 for 
this.
Res Judicata: 
Section 11 for 
this 
Protection
Res Sub Judice: 
Ensures fair 
adjudication
Res Judicata: 
Prevents 
repetitive trials
Read More
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