Difference Between Res Judicata and Res Subjudice

Code of Civil Procedure

Difference Between Res Judicata and Res Subjudice

Difference Between Res Judicata and Res Subjudice

Difference between res judicata and res subjudice has been provided in this article. Before discussing the difference between res judicata and res subjudice, let's see the meaning of these terms;

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difference between res judicata and res subjudice,

Difference Between Res Judicata and Res Subjudice

Meaning of Res Judicata

As per section 11 of the Civil Procedure Code, 1908, the meaning of res judicata is 'No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.'

Res-judicata meaning is given under section 11 of the Civil Procedure Code, 1908. Whereas, 'Res' means 'subject matter' and 'judicata' means 'adjudged' or 'decided'. Therefore, together the meaning of res-judicata is 'a subject matter adjudged' or 'a subject matter decided'.

Meaning of Res Subjudice

As per section 10 of the Civil Procedure Code, 1908, the meaning of res subjudice is 'No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim to litigate under the same title where such suit is pending in the same or any other Court in 1[India] have jurisdiction to grant the relief claimed, or in any Court beyond the limits of 1[India] established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.'

Explanation - The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action.

The res-subjudice is a Latin maxim. Here, the term res means matter, cause, or litigation and the term subjudice means 'under judge', or 'under the judgment'.

In simple words, the doctrine of res-subjudice means a matter or litigation that is under judgment or pending before a court of law.

This doctrine applies where a matter is already pending before the competent court and the parties file more cases on the same subject matter in a different court. Then the doctrine of res-subjudice prohibits entertaining such cases.

Difference Between Res Judicata and Res Subjudice

Difference between res judicata and res subjudice has been givens below table;

Res Judicata	Res Subjudice
The provisions relating to res judicata have been provided under section 11 of the Civil Procedure Code, 1908.	The provisions relating to res subjudice have been provided under section 10 of the Civil Procedure Code, 1908.
Res judicata is defined as *'Res'* means 'subject matter' and 'judicata' means 'adjudged' or 'decided'. Therefore, together the meaning of res-judicata is 'a subject matter adjudged' or 'a subject matter decided'.	Res subjudice is defined as the term *'Res'* means matter, cause, or litigation and the term 'subjudice' means 'under judge', or 'under the judgment'.
The rule of res judicata is applicable only when the matter has already been decided by the competent court of jurisdiction.	The rules of res subjudice are applicable when the subsequent suit relates to the previous suit pending before the competent court of jurisdiction.
Res judicata prevents the trial of a suit or issue in which the matter in issue has already been decided in the former suit.	Whereas, res subjudice bars the trial of a suit in which the matter is pending for decision in the previous suit.
Conditions for Res Judicata:- 1. The previous suit must have been decided by the competent court of jurisdiction. 2. The subject matter in issue in the subsequent suit must be the same which directly and substantially in issue either actually or constructively or ineffectually in the previous suit. 3. The previous suit and subsequent suit must be between the same parties. 4. The court which decided the previous suit must be a competent court of jurisdiction. 5. Both parties must have litigated under the same title in the former suit.	Conditions for Res Subjudice:- 1. There must be two suits pending whereas one is previously instituted and the other subsequently instituted. 2. The subject matter in the issue in the subsequent suit must be directly and substantially in the issue in the previous suit. 3. The previous suit and subsequent suit must be between the same parties. 4. The court in which the previous suit has been instituted must be a competent court of jurisdiction. 5. Both parties in the suit must be under the same title in both the suits.
The primary purpose of the doctrine of res judicata is to prevent the time and resources of the court from being misused.	The main purpose of the doctrine of res subjudice is to avoid the contradiction of decisions on a similar matter in issue.
The aim of the doctrine of res judicata is the end of the litigation proceedings.	The aim of the doctrine of subjudice is to prohibit parallel proceedings between the same parties.

Conclusion

Difference between res judicata and res subjudice has been discussed in this article, there is the main difference between res judicata and res subjudice is that res judicata is applicable when the former suit is decided and res subjudice is applicable when the former suit is pending in the court for the same cause of action.

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