Doctrine of Res Sub Judice: Significance & Application
The Power of Res Sub Judice: Avoiding Conflicting Judgments
Overview:
Section 10 of the Code of Civil Procedure deals with the principle of res sub-judice, which bars the trial of a subsequent suit in which the matter in issue is also directly and substantially in issue in the former suit between the same parties.
The object of a provision of this kind is to prevent courts of concurrent jurisdiction from proceeding simultaneously with the trial of two suits on the same matter. Such trials may mean a waste of public time and may result in conflicting decisions.Meaning of Res Sub-Judice:
Res sub judice, derived from Latin, translates to "a matter under judgment." Res means a thing (as a property, interest, or status) as opposed to a person that may form an object of rights like the subject matter of the litigation or a matter in controversy. Sub judice means under consideration (Pending). It means a cause in controversy underdetermination of a court of law.
The doctrine prohibits the trial of two parallel litigation in respect of the same cause of action and the same subject matter between the same parties.
The principle of res sub judice is designed to prevent multiple courts from simultaneously adjudicating on the same matter, thereby avoiding conflicting decisions and ensuring judicial efficiency. It serves as an essential element of the doctrine of judicial comity and the rule of law.
The Rationale Behind Rule of Res Sub-Judice
(2006 SCMR 1261) The rationale behind section 10 of CPC seems to be based on the principle that multiplicity of litigation should be avoided and no one should be troubled twice for the same cause of action.
Principles Underlying Res Sub Judice:
a. Judicial Economy:
One of the primary aims of res sub judice is to avoid duplicative litigation and the wastage of judicial resources. By prohibiting parallel proceedings on the same matter, courts can concentrate their efforts on resolving disputes in a timely and efficient manner.
b. Finality and Certainty:
Res sub judice promotes the attainment of final and conclusive judgments. It seeks to prevent conflicting decisions arising from simultaneous proceedings, ensuring legal certainty and avoiding potential confusion or inconsistency in the application of the law.
c. Avoidance of Collusion and Forum Shopping:
Res sub judice serves as a safeguard against parties attempting to manipulate the legal system by initiating multiple proceedings in different jurisdictions. This principle aims to deter forum shopping, the practice of choosing a favorable court for a particular case, and collusion between litigants to gain undue advantage.
Requirements For the Application of Res Sub judice:
(i) Same Matter in Issue:
(ii) Same Parties:
(iii) Same Title:
(iv) Suit must be pending:
(v) Competency of Court:
Section 10 of CPC applies only when a previous suit is pending in the same court competent to try the suit. It must have jurisdiction to grant the relief claimed by the parties. Therefore if the previously instituted suit is pending before a court not having jurisdiction to entertain it, no legal effects can flow from such institution.
Application of Res Sub Judice in Different Legal Systems:
a. Common Law Jurisdictions:
In common law jurisdictions, such as the United States and the United Kingdom, the principle of res sub judice is deeply entrenched. The doctrine of Sub Judice prevents courts from hearing matters that are already pending before another court. The principle is applied when the issues and parties involved are substantially the same in both cases.
b. Civil Law Jurisdictions:
Civil law jurisdictions, including France and Germany, also recognize the importance of res sub judice. In these systems, the principle is known as "connexité" or "connectedness." It requires courts to stay proceedings when a related matter is already pending before another court. The focus is on the connection between the claims rather than strict identity.
c. International Context:
The principle of res sub judice extends to international disputes as well. International courts and tribunals, such as the International Court of Justice (ICJ), employ the doctrine to ensure the coherence and uniformity of their decisions. The principle prevents parallel proceedings and conflicting judgments in cases involving multiple jurisdictions.
Effect of Res Sub judice
When conditions of Section 10 are fulfilled, it is mandatory upon the court trying the subsequent suit to stay proceedings in the suit. An application for stay should be heard and determined at the earliest stage of the suit. Matter directly or indirectly subjudice before a court of competent jurisdiction could not be re-tried before other court or forum as such lis should fall within meaning of res sub judice.
When conditions of Section 10 are not strictly fulfilled the suit may, for the end of justice, be stayed under Section 151 of Civil Procedure Code, or the trial of the two suits may be consolidated but the suit however cannot be dismissed. Sec 10 does not bar the institution of subsequent suit but only the trial of such suit. After stay of proceedings in subsequent suit, the decision given in the previously instituted suit will operate as res judicata by virtue of the provisions of section 11.
The Object of Res Subjudice
The object of res sub-judice is to prevent the court of parallel jurisdiction to proceed with the trial and to confine the parties to one suit and limit the proceedings and evidence.
The object of the Rule of Res Sub judice was to prevent courts of concurrent jurisdiction from simultaneously adjudicating and proceeding with the trial of two suits in which the matter in issue was directly and substantially the same between the parties in respect of the same cause of action for the same subject-matter and for the same relief
Another object of the Rule of Res Sub-judice was to avoid a conflict of opinion between two courts. One test of the applicability of S.10, C.P.C. was to see whether, on the final decision being reached in a previous suit, such decision would operate as res judicata in a subsequent suit.
Operation of Res Sub judice
Where Section 10 applies, it bars the jurisdiction of the subsequent court to try the suit till the former is pending before the court of competent jurisdiction.
Where Rule of Res Sub judice does not Apply
(a) Foreign courts
The doctrine of Res Sub-Judice will not apply to foreign courts because they are neither the Pakistani courts nor established by the Central Government of Pakistan. The pendency of a suit in a foreign court does not preclude the courts in Pakistan from trying the suit founded on the same cause of action.
(b) Banking Courts
Rule of Res Subjudice have been made inapplicable to banking suits under section 9(4) of the Financial Institutions (Recovery of Finances) Ordinance, 2001, which enables Banking Court to proceed with the trial of a suit filed by a financial institution irrespective of the fact that customer has already filed a suit for settlement of account or damages against financial institution subsequent to the suit filed by its customer. The subsequent suit filed by financial institution continues to proceed and is not liable to be stayed on the basis of conditions laid down in section 10, C.P.C.
Case Laws: Res Subjudice
Five conditions must be fulfilled in order to apply provisions of S. 10 of C.P.C., which are
- (i) the matter in issue in both the suits must be directly and substantially the same;
- (ii) the previously instituted suit must be pending in a court of competent jurisdiction;
- (iii) the court before which the previous suit is pending must be competent to grant the relief in the subsequent suit;
- (iv) Both the suits must be between the same parties and
- (v) the parties must be litigating in both suits under the same title.
2020 CLC 1178 LAHORE-HIGH-COURT
Where previous suits are not dismissed on merits rather due to non-filing of process fee, Ss. 10 & 11, C.P.C. would not apply to the case.
2017 YLRN 303 KARACHI-HIGH-COURT
Section 10, C.P.C. did not bar the institution of subsequent suits but only the trial of such suits in which the matter directly and substantially was the same.
In (1968) 70 Punj. (RCD) 84,
In (1994) 1 Civil Court 99 (Bom.)
Revision against an order made under section 10:
Conclusions:
The principle of res sub judice, or lis pendens, serves as a critical tool in maintaining the integrity of judicial processes across various legal systems. By preventing parallel proceedings and conflicting judgments, this principle upholds judicial economy, finality, and fairness. Understanding and respecting the principles underlying res sub judice is crucial for lawyers, litigants, and judicial authorities to ensure the effective administration of justice and the rule of law.
The principle of res sub-judice is incorporated to meet the end of justice. Section 10 bars the jurisdiction of the court on two parallel litigation on the same cause of action. By virtue of this rule, court can stay the proceedings of subsequent suit. Section 10 of the Civil Procedure Code lays down a procedure and does not vest any substantive right on the parties.