Difference Between Doctrine of Res Judicata and Res Sub Judice

Difference Between Doctrine of Res Judicata and Res Sub Judice

The doctrine of Res Judicata, as outlined in Section 11 of the Civil Procedure Code, 1908, prevents courts from reconsidering matters that have already been definitively decided between the same parties, thereby ensuring finality in litigation. 

In contrast, the doctrine of Res Subjudice, outlined in Section 10 of the Civil Procedure Code, 1908, applies when a matter is pending before a competent court. It prohibits the trial of a similar suit in another court at the same time. 

While Res Judicata applies after a judgment has been rendered, Res Sub Judice is relevant during ongoing proceedings. This distinction promotes judicial efficiency and helps prevent contradictory rulings.

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