Res sub judice
Res-judicata bars the trial itself Estoppel only stops a certain piece of evidence from being taken on record, while the trial continues. It enacts that once a matter is finally decided by the competent court, no party can be permitted to reopen it in subsequent litigation.
M sharma V. The final decision of the former suit shall operate as res judicata in the subsequent suit.
Fifthly, the parties to the suit must be litigating under the same title. Syed Meharban Alithe court held that if the following four conditions are satisfied res judicata will be applicable: there must be a conflict of interest between the co-plaintiffs it must be necessary to decide such conflicts, in order to give relief to the plaintiff the questions between the plaintiffs to be finally decided.
This ensures smooth functioning of the judiciary.
Principle of res sub judice is contained in which section of cpc
The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually Explanation III or constructively Explanation IV in the former suit Explanation I. Our constitution provided that no one should be vexed twice. Res subjudice bars to the trial of a suit. Both parties must be litigating under the same title in both the suits. The purpose of the doctrine of Res Sub judice is to prevent a multiplicity of the proceedings and to refrain two conflicting decisions. To apply Section 10 it is enough that previously instituted suit is between parties under whom they or any of them claim litigating under the same title. Both the parties must have litigated under the same title in the former suit. Parties may be a plaintiff or a defendant.The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit, 3. That is why this rule is called constructive res judicata, which, in reality, is an aspect or amplification of the general principle of res judicata.
Sub judice is now irrelevant to journalists because of the introduction of the Contempt of Court Act In a scenario when two or more cases are filed between the same parties on the same subject matter, the competent court has the power to stay proceedings.
Once the appeal process is exhausted or barred by limitation, the res judicata will apply to the decision.
Res-judicata derives from a Court Decision Estoppel from facts asserted by parties.