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3/11/19

Difference between Res Judicata and Res Sub Judice under Sections 11 and 10 of CPC

       Difference between Res Judicata and Res Sub Judice

        In this article, we will discuss the difference between Res Judicata and Res Subjudice under Sec. 11 and 10 of the CPC.




Sr. No.
Res Judicata
Res Sub Judice



1.
Section 11 deals with the Res Judicata,
Section 10 deals with the Res Sub Judice,



2.
Res judicata is applicable when the matter is already decided by the court of competent jurisdiction,
In the case of Res Sub Judice, it relates to a matter, which is pending in the Court of competent jurisdiction,



3.
Res Judicata prevents the trial of a suit or issue in which the matter in issue has already been decided in a previous suit,
It bars the trial of a suit in which the matter is pending for decision in the previous suit,



4.
Conditions:-
1.      The former suit must have been decided by the court of competent jurisdiction.
2.      The matter in issue in the subsequent suit must be the same matter which was directly and substantially in issue, either actually or constructively, in the former suit.
3.      Both the suits must be between the same parties,
4.      The court which decided the former suit must have been a court of competent jurisdiction,
5.      Both the parties must have litigated under the same title in the former suit. “Same title” means in the same capacity.

Conditions:-
1.      There must be two suits one previously instituted and the other subsequently instituted.
2.      The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit,
3.      Both the suits must be between the same parties,
4.      The court in which the previous suit is instituted must have jurisdiction to try it,
5.      Both parties must be litigating under the same title in both the suits.





Related Article:-
                              Res Sub Judice rule || Stay of civil suit || under Section 10 of CPC ||
                              Res Judicata under Section 11 of the CPC || meaning || conditions||  


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