Stay Of Suits (res Subjudice) And Res Judicata

Stay of Suits (Res Subjudice) and Res Judicata Res Subjudice: No Court to proceed with trial of any suit in which the matter in issue, is also directly and substantially in issue. In 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 same or any other Court, in India, Having jurisdiction to grant relief claimed. Explanation: The pendency of a suit in a Foreign Court doesn't preclude the Courts in India from, trying a suit founded on same cause of action. Res Judicata: Principle: Principle behind these two provisions is to avoid multiplicity bof proceedings. Object: Object of these two provisions is to prevent Courts of concurrent jurisdiction from simultaneously, trying two parallel cases, in respect of same matter in issue. The two fold objects are: 1) Avoid wasting Court Resources. 2) Avoid Conflicting decisions.

Res Subjudice (Sec. 10 CPC) Conditions for application of 1. There are two suits: one previously instituted suit and the other subsequently instituted. 2. The matter in issue in the subsequent suit is directly and substantially in issue in the previous suit.

3. The parties to both the suits are the same, or they are privies to the parties in the previous suit. 4. The previously instituted suit is pending. 5. The Court in which the previous suit is pending has jurisdiction to grant relief claimed in the subsequent suit. 6. Both the parties are litigating under the same title.

Exceptions: 1. Suit pending in a foreign Court. 2. Summary Suit 3. Interlocutory Orders

Case Law:

Dees Piston Ltd vs. State Bank of India: Held, when a matter is before a competent Civil Court, the National Commission will not entertain a petition in respect of identical subject matter under Consumer Protection Act. Escorts Const. Equipments Ltd vs. Action Const Equipments Ltd: The defendant had filed for stay of present suit, an application u/s 10 CPC, on ground that the matter in controversy is pending in Jamshedpur Court also. This was opposed by plaintiff on ground that, the defendants had raised issue of jurisdiction of Jamshedpur Court to entertain same suit; and that application u/s 10 CPC can be filed in the present suit, only if objection with respect to lack of jurisdiction was withdrawn in Jamshedpur Court. Court held that the conditions requisite to invoke S.10 CPC are: • Matter in issue in both the suits to be substantially the same. • Suit to be between the same parties or parties litigating under them • Previously instituted suit to be in the same Court or a different Court, which has jurisdiction to grant the relief asked.

There is nothing to the effect that defendant should not question the competency of previously Court in the previously instituted suit, and there remains the fact that the plaintiff in their defence against S.10 CPC, had not stated the Jamshedpur Court is competent. Thus relief was granted to the defendant. Res Judicata (Sec. 11 CPC) Conditions for application of 1. There are two suits: one previously instituted suit and the other subsequently instituted. 2. The matter in issue in the subsequent suit is directly and substantially in issue in the previous suit. 3. The parties to both the suits are the same, or they are privies to the parties in the previous suit. 4. The previously instituted suit is disposed of. 5. The Court in which the previous suit is pending has jurisdiction to grant relief claimed in the subsequent suit. 6. Both the parties are litigating under the same title.