Stay Of Suit
Section -10

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 litigating under the same title where such suit is pending in the same or any other Court in 1[India] having jurisdiction to grant the relief claimed, or in any Court beyond the limits of 1[India] established or continued by 2[the Central Government] 3[***] and having like jurisdiction, or before 4[the Supreme Court].

Explanation– The pendency of a suit in a foreign Court does not preclude the Courts in 1[India] from trying a suit founded on the same cause of action.

Section -10 , C.P.C 1908

Object Of Res Sub Judice

The object of the rule of res sub judice  contained in this section is to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating on parallel litigations filed for the same cause of action, for the same subject –matter and for the same relief between the same parties and to avoid recording conflicting  findings on Issues which are directly and substantially in issue in two suits.

Held in Indian Bank v Maharashtra State Co-op Marketing Federation Ltd AIR 1998 SC1952: (1998) 5 SCC 69

Essentials  Of Res Sub Judice

1. 1.There are two suits one previously instituted and the other subsequently instituted.
2. 2.The matter in issue in the subsequent suit is directly and substantially in issue in the previous suit.
3. 3.The parties to both the suits are the same.
4. 4.The previously instituted must be pending.
5. 5.The court in which the previous suit is pending has jurisdiction to grant the relief claimed in the subsequent suit.
6. 6.Both the parties are litigating under the same title in the both suit.

Section -10 applies only to suits and appeals . Since an appeal is a continuation of suit.

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