Distinguish between Res judicata and Res sub judice. 

Question: Distinguish between Res judicata and Res sub judice.

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Answer

Res judicata and Res sub judice

The doctrine of Res Judicata has been defined in Section 11 of the Civil Procedure Code. The doctrine of the Res Judicata means the matter is already judged. It means that no court will have the power to try any fresh suit or issues which has been already settled in the former suit between the same parties.

Res judicata

1. Res judicata relates to a matter already adjudicated upon (res judicatum). The objective of res judicata is to put an end to the litigation. This principle is incorporated because the precious time of the court must be saved. If a matter is previously adjudicated then it should not be put to trial again.
2. The doctrine of Res Judicata is provided in Section 11 of CPC, 1908. It bars the trial of a suit or issue in which the matter directly or substantially in issue has already been adjudicated upon in a previous suit.
3. In the case of Res Judicata, the previously instituted suit must be decided by the competent court in which the issue has been raised subsequently.
4. The matter in issue in the subsequent suit must be the same matter which was directly and substantially in issue, either actually or constructively, in the former suit.
5. Res Judicata, applies to suit and applications.

The phrase Res Sub judice is a Latin maxim that means “under judgment”. The rule of the sub judice is based on the public policy which prohibits the plaintiff to file two parallel cases on the same subject matter and restricts the chances of having two contradictory judgments by the two courts. The purpose of the doctrine of Res Sub judice is to prevent a multiplicity of the proceedings and to refrain from two conflicting decisions.

Res Sub judice

1. Res sub judice relates to a matter pending judicial inquiry or trial (sub judice), i.e. there must be two suits, one of which must should be previously instituted.
2. The doctrine of Res Judicata is provided in Section 10 of CPC, 1908. It bars the trial of a suit in which the matter directly and substantially in issue is pending adjudication in a previously instituted suit.
3. In the case of Res Sub Judice, the previously instituted suit must be pending in the same court or any competent court having jurisdiction.
4. The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit.
5. Res Sub Judice, applies to only suit, including appeal.

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