civil procedure code
ankit gupta
(Querist) 25 August 2008
This query is : Resolved
what is res judicata and res subjudis.
ANAND SUMAN
(Expert) 26 August 2008
Dear Ankit,
Res subjudice & Res judicata are clearly defined in Section 10 & Section 11 of the Code of Civil Procedure, 1908 respectively. Both the provisions are made in order to avoid multiplication of suits and unnecessary delay. You can go through the provisions by reading the said sections of CPC, but I make you understand in a layman view:
1. Res subjudice: The court shall stay every matter which is already a pending adjudication before a court of competent jurisdiction between same party and on same cause of action.
2. Res judicata: The court shall not try any suit which has already been decided by a court of competent juridiction in any earlier case between same party and on same cause of action.
The point of difference is that in res subjudice, the court gives stay to the subsequent suit whereas in res judicata, the courts do not entertain the subsequent suit.
Hope the above information is beneficial for you.
For any kind of legal query/case, feel free to contact.
ANAND SUMAN
Advocate, Consultant & Trade Mark Attorney
(Founder Director)
ANAND LEGAL SOLUTION
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