Difference Between Res Judicata and Res Sub Judice | Civil Law for Judiciary Exams PDF Download

Res Judicata

• Definition: Res Judicata, originating from Latin, refers to a legally resolved case where further litigation on the same matter with the same parties is prohibited after a conclusive resolution and a final judgment.
• Purpose: It aims to prevent repetitive lawsuits, ensuring finality in legal decisions and conserving judicial resources.
• Example: If a court has already decided that John Doe is not liable for a certain debt in a specific case, the principle of Res Judicata would prevent the creditor from suing John Doe again for the same debt based on the same facts.

Res Sub Judice

• Definition: Res Sub judice, a legal concept originating from Latin, translates to "under judgment." It is a principle based on public policy.
• Purpose: This principle prohibits a plaintiff from filing two simultaneous claims on the same subject matter. The aim is to prevent conflicting judgments from different courts, ensuring consistency in legal decisions.
• Explanation: Res Sub judice is in place to avoid unnecessary legal processes that may arise if multiple courts are dealing with the same issue. By restricting parties from litigating the same matter in different courts simultaneously, it streamlines the judicial system.
• Importance: The significance of Res Sub judice lies in promoting judicial efficiency and preventing the waste of resources that would result from redundant legal proceedings. It also helps in maintaining coherence in legal rulings.
• Example: For instance, if a person files a lawsuit regarding a property dispute in one court, they are not allowed to initiate a similar case concerning the same property matter in another court at the same time. This ensures that only one court addresses the issue to avoid contradictory outcomes.

Res Judicata and Res Sub Judice

• Res Sub Judice (Under Consideration)
  • Explained in Section 10 of the Civil Procedure Code, 1882
  • Cases are to be stayed during court consideration or adjudication
• Res Judicata (Conclusively Decided)
  • Discussed in Section 11 of the Civil Procedure Code, 1882
  • Prohibits re-trial of a suit or issue already conclusively decided
  • Prevents litigation on the same subject matter settled in prior cases

Key Difference Between Res Judicata and Res Sub Judice

Res Sub Judice vs. Res Judicata

• Res Sub Judice involves cases under court consideration, while Res Judicata pertains to cases already conclusively decided.
• Res Sub Judice, as per Section 10, requires cases to be stayed during court proceedings, ensuring fair adjudication.
• On the other hand, Res Judicata, governed by Section 11, prohibits re-opening of cases already settled to avoid repetitive trials.
• Res Judicata safeguards against multiple litigations on the same subject matter, maintaining judicial efficiency and finality of judgments.

Res Judicata

• Res judicata, originating from the Latin phrase "res judicata pro veritate accipitur," signifies that a matter already judged is accepted as true and final.
• This doctrine prevents the re-litigation of cases that have already been adjudicated on similar facts and issues in a previous suit.
• It prohibits parties from initiating new legal actions against the same parties over the same facts and grounds, ensuring the final settlement of disputes.
• For instance, in the case of Satyadhyan Ghosal and Others v. Sm. Deorajin Debi and Another (1960), the Supreme Court emphasized the importance of res judicata in achieving finality in legal matters.
• The doctrine is based on key maxims such as "Nemo debet lis vexari pro eadem causa" and "Interest republicae ut sit finis litium," which underscore the importance of avoiding repeated litigation for the same cause.

Res Sub Judice

• Res sub judice refers to a matter under consideration by the court, aiming to prevent contradictory decisions and protect parties from unnecessary court proceedings.
• Section 10 of the Civil Procedure Code (CPC) prohibits courts from initiating proceedings between the same parties on the same issues that are directly or subsequently in question in a pending suit.
• For example, in the case of Escorts Const. Equipment Ltd v. Action Const. Equipments Ltd (1998), the Delhi High Court highlighted the conditions required to invoke Section 10 of the CPC.
• The doctrine of res sub judice is crucial to avoid parallel proceedings on the same subject matter and ensure judicial efficiency and consistency.

Purpose

Res Judicata

• Prevents the same legal matter from being re-litigated between the same parties, ensuring efficiency in the legal process.
• Efficiently utilizes court time and resources by avoiding repetitive trials on the same issue.
• Provides safeguard to the defendant against repeated legal actions, thus preventing potential double jeopardy.
• Brings a conclusive end to the legal dispute, offering closure and finality to the litigation process.
• Promotes consistency in judicial decisions by preventing conflicting judgments.

Res Sub Judice

• Saves judicial time by preventing unnecessary lawsuits, thereby optimizing the legal system's efficiency.
• Enables the plaintiff to address all relevant issues and facts against the same defendant in a single lawsuit, enhancing clarity and focus.
• Prevents contradictory decisions on the same matter by restricting courts with concurrent jurisdiction from hearing parallel lawsuits, ensuring legal coherence.
• Protects defendants from facing multiple claims on the same subject matter, reducing legal burden and confusion.
• Averts confusion arising from multiple ongoing lawsuits on the same issue, maintaining clarity and order in legal proceedings.

Essentials

Res Judicata

• For Res Judicata to apply, there must be two lawsuits involved - one former and one subsequent.
• The subject matter in the subsequent suit must directly and substantially relate to the former suit.
• The parties in the subsequent suit should be the same or similar to those in the former suit.
• Both suits should have similar titles.
• The subsequent suit must be filed in a competent jurisdiction.
• The court must have previously heard and decided the issue in question in the subsequent suit.

Res Sub Judice

• Res Sub Judice comes into play when there are two civil suits involving the same parties.
• The former suit must be pending before the court when the subsequent suit is initiated.
• The subsequent suit should have a title similar to the former suit.
• Section 10 of the Code of Civil Procedure doesn’t apply if the subsequent suit is pending in a foreign court.
• Section 10 applies if an application is made before the Tahsildar while the suit is pending.
• The date of presenting the plaint marks the institution of the suit, including appeals.
• The court must have the power to halt proceedings.
• A decree violating Section 10 is invalid.
• Parties can waive their rights under Section 10.
• The court can issue interim orders.

In legal cases like *Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal (1961)* and *Dr. Guru Prasad Mohanty and Ors. v. Bijoy Kumar Das (1984)*, the significance of complying with Section 10 is highlighted. This section aims to prevent multiple courts from simultaneously handling two parallel lawsuits concerning the same claim, issue, and relief.By understanding and applying the principles of Res Judicata and Res Sub Judice, legal systems ensure that court procedures are fair, efficient, and prevent redundant litigation on the same matters.

Exceptions to Res Judicata

• When a decree or order has been obtained through fraudulent or misrepresented facts or issues.
• If the judgment is not based on the merits of the case.
• When a special leave petition is dismissed without a proclamation or judgment determination.
• If subsequent lawsuits involve different causes of action, res judicata cannot be applied.
• When the court lacked jurisdiction in the previous suit.
• In cases involving questions of law.
• When an interlocutory order was issued in a previous suit.
• If there has been an amendment to the law granting new rights to a party.
• If a suit was dismissed by default.
• If the party does not raise a plea for res judicata.

Exceptions to Res Sub Judice

• When the claims in each suit are unique and distinct from one another.
• If there are both common and unique issues in the cases.
• When different issues are involved between the same parties.
• It is not mandatory to raise all issues from the earlier suit in later litigation for Section 10 to be applicable.

Differences Between Res Judicata and Res Sub Judice

Here’s table summarising the differences between Res Judicata and Res Sub Judice:

Conclusion

• In conclusion, the distinction between Res Judicata and Res Sub Judice lies in their respective applicability, conditions, and exceptions within the legal context. Res Judicata comes into play when a case has received a final decision, while Res Sub Judice is relevant when a case is still pending before a court.
• For Res Judicata to apply, there must be one former and one subsequent suit, with similar parties and titles. On the other hand, Res Sub Judice requires two civil suits involving the same parties and a similar title. Both doctrines have various exceptions that account for specific circumstances where their application may not be appropriate. Understanding these nuances is essential for a comprehensive grasp of their roles in the legal landscape.