Res Sub Judice and Res Judicata in Code of Civil Procedure, 1908

Res Sub Judice

Section 10 of the Code of Civil Procedure, 1908 implores that any other court cannot consider a case involving the same parties that is pending in a court of law for adjudication as long as the first action is ongoing. It is grounded in the ideas of justice, equity, and good conscience.

For example:

• Imagine a dispute between two parties over ownership of a piece of land.
• Party A files a lawsuit in Court X seeking a declaration of ownership.
• While this case is pending in Court X, Party B files a similar lawsuit in Court Y regarding the same land and the same parties.
• However, Court Y, in accordance with Section 10 of the Code of Civil Procedure, 1908, would decline to proceed with the case until the matter pending in Court X is resolved.
• This ensures that the same issue is not litigated simultaneously in multiple courts, avoiding conflicting judgments and promoting judicial efficiency.

Res Judicata

It is defined as “something that has been decided” and appears in Section 11 of the Code of Civil Procedure, 1908. This theory prevents the trial of a later lawsuit based on the same cause of action between the same parties. It is based on the concepts of the finality of litigation and the conclusiveness of a ruling.

For example:

• Suppose Party A sues Party B for breach of contract, claiming that Party B failed to deliver goods as per their agreement.
• The case goes to trial, and the court issues a judgment in favor of Party A, ordering Party B to pay damages for the breach.
• Later, Party A files a second lawsuit against Party B, seeking damages for the same breach of contract.
• In this scenario, the principle of Res Judicata, as outlined in Section 11 of the Code of Civil Procedure, 1908, would prevent the second lawsuit from proceeding because the matter has already been adjudicated by a competent court, and the parties cannot re-litigate the same cause of action.

The distinction between Res Sub-Judice and Res Judicata is that Res sub judice relates to cases that are still ongoing in court, whereas res judicata refers to cases that have already been determined.

Property disputes, contract violations, financial transaction transgressions, small omissions, and other disputes fall under the category of civil wrongs and are handled through civil procedure. In these situations, the parties who have been wronged should file civil lawsuits. Law courts dispense justice by taking the nature of the wrongdoing into account. In civil courts, wrongs are corrected by awarding injunctions, compensating the harmed party, or paying damages.

Key Takeaways

• Trial courts are usually at the bottom of a hierarchical system that includes appellate courts above them and sometimes a supreme court at the absolute top for civil courts. Decisions from subordinate courts may be appealed to higher courts under this system.
• Courts have limitations on the types of cases they can hear and the geographical area they cover. There are three main jurisdictions: territorial jurisdiction, subject matter jurisdiction, and pecuniary jurisdiction.
• All people should have access to civil courts. This might entail tools to aid individuals in understanding the legal system, getting legal counsel, and navigating the court system.
• The outcome of a civil case typically settles the parties’ disagreements. This ruling might entail splitting property, prescribing particular activities, or giving monetary damages.