Difference Between Res Judicata and Res Sub Judice

12 Jul 2025 --
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📘 RES JUDICATA vs. RES SUB JUDICE

Aspect	Res Judicata	Res Sub Judice
Meaning	"A matter already judged"	"A matter under judicial consideration"
Section	Section 11, Code of Civil Procedure (CPC), 1908	Section 10, Code of Civil Procedure (CPC), 1908
Purpose	To avoid re-litigation of the same matter	To avoid conflicting decisions in simultaneous litigation
Applicability	Bars a second suit on the same cause of action once a final judgment is delivered	Bars a parallel suit on the same matter if one is already pending
When It Applies	After a case is finally decided	When a case is still pending
Effect	Suit is not maintainable	Suit is stayed until the first one is decided
Finality	Based on a concluded case	Based on a pending case
Objective	To uphold the finality of judicial decisions	To prevent contradictory judgments and multiplicity of litigation

⚖️ 1. RES JUDICATA – Explained

✅ Definition:

Res Judicata is a legal doctrine that prevents the same dispute between the same parties from being tried again once it has been finally decided by a competent court.

Latin: “Res Judicata pro veritate accipitur”
Meaning: A thing adjudged is taken as truth.

✅ Ingredients (as per Section 11, CPC):

To apply Res Judicata, the following conditions must be satisfied:

The matter in issue must be the same in both suits.

The parties must be the same (or their representatives).

The matter must have been finally decided by a competent court.

The prior decision must have been on merits.

📌 Landmark Case Law:

🔹 Daryao vs. State of U.P. (AIR 1961 SC 1457)

The Supreme Court held that Res Judicata applies to writ petitions as well.

If a petition is dismissed on merits, another petition on the same grounds cannot be filed again.

🔹 Satyadhyan Ghosal vs. Deorajin Debi (AIR 1960 SC 941)

Explained that the principle of Res Judicata is based on the need to prevent repeated litigation.

Even interlocutory orders may operate as Res Judicata in certain cases.

⚖️ 2. RES SUB JUDICE – Explained

✅ Definition:

Res Sub Judice is the principle that when two suits involving the same matter and same parties are filed, the second suit should be stayed until the first is decided.

Prevents two courts from deciding the same issue simultaneously.

✅ Ingredients (as per Section 10, CPC):

To apply Res Sub Judice:

The matter in issue must be directly and substantially the same.

The previously instituted suit must be pending in a court of competent jurisdiction.

Both suits must involve the same parties or parties under whom they claim.

The second suit must be filed during the pendency of the first.

📌 Landmark Case Law:

🔹 National Institute of Mental Health vs. C. Parameshwara (AIR 2005 SC 242)

Held that if the matter is already pending before a competent court, the second suit should be stayed to avoid conflicting decisions.

🔹 Indian Bank vs. Maharashtra State Coop. Marketing Federation (AIR 1998 SC 1952)

The Supreme Court emphasized that the purpose of Section 10 is to avoid conflicting judgments and save judicial time.

🧠 KEY DIFFERENCES (Summarized):

Point	Res Judicata	Res Sub Judice
Stage of case	After final judgment	During pendency
Effect	Bars future suit	Stays the trial of second suit
Focus	Finality of decision	Prevention of conflicting decisions
Nature	Estoppel	Procedural stay
Based on	Past decision	Pending litigation