Differentiate between rule of res judicata and res subjudice.

Differentiation between rule of res judicata and res subjudice Res judicata means a matter is already decided and cannot be heard again. Res judicata prevents a second trial of the formerly settled disputes. Whereas res subjudice applies to the pending suit. It bars parallel proceedings. Res subjudice prevents parallel proceedings on the same matter. Res judicata is covered under Section 11 of the Code of Civil Procedure, 1908 whereas Res subjudice is covered under Section 10 of the Code of Civil Procedure, 1908. In Res judicata the suit had been decided by the competent court. The issue must be the same in subsequent and former suits. The suit must be filed between the same parties. The court must have jurisdiction. The former and subsequent suits have the same title. While in Res subjudice , there must be two suits and one must have already commenced. The matter in issue is the same. The suit was filed in a competent court. The suit must be pending in court. The title of the suit and the parties are the same. Aim of Res judicata is to end the litigation proceedings. While Res subjudice aims to prohibit parallel proceedings between the same parties.