Discuss the doctrine of 'Res Sub Judice' under Section 10 of Civil Procedure Code, 1908.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2018
Discuss the doctrine of 'Res Sub Judice' under Section 10 of Civil Procedure Code, 1908.
Answer & Explanation:
Section 10 of the Civil Procedure Code, 1908 provides that 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 the Central Government and having like jurisdiction, or before the Supreme Court. Doctrine of Res Sub Judice restricts or bar under Section 10 of the Civil Procedure Code, 1908. However, 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. To prevent Courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of same matter in issue, Section 10 is enacted. The purpose is also to avoid conflict of decision. It is really intended to give effect to the rule of res judicata. The institution of second suit is not barred by Section 10. It merely says that the trial cannot be proceeded with.
Topics: Civil Procedure Code, 1908
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