Q: What is res sub judice in civil procedure code ?

Ans: Section 10 declares that no court shall proceed with trial of any suit in which matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and the court before which the previously instituted suit is pending is competent to grant the relief sought. 

The term ‘res’ means matter, and ‘sub judice’ means under consideration. Hence, the doctrine means a matter which is still under consideration. Section 10 of the CPC says that no court can initiate such proceedings between the same parties and the same issues which were directly or subsequently in question in the previous suit if the previous suit is still pending in the competent court.


Comments

Post a Comment

Popular posts from this blog

Q: What are the exceptions of Res Sub Judice ?

Ans:  There are certain cases where the doctrine of res sub judice is not applicable. These are as follows: When the claims in each suit are unique from one another. When there are both common and unique issues, then this rule does not apply. When there are different issues between the same parties.  All of the issues from the earlier suit don’t have to be raised in the later litigation for Section 10 to be applicable.
Read more

Q: What is the time duration of caveat in civil procedure code ?

Ans: As provided by the section in 148A clause 5, the caveat stays in force for a period of 90 days. If within these 90 days an application is filed, then the court as well as the applicant, has to give a notice to the caveator. However, if no caveat is filed within these 90 days, then no one has the duty to inform the caveator, i.e. if the application is filed after the expiration of such period the caveat stands null and void. If the caveator still wants to be informed then a fresh caveat needs to be lodged for the next 90 days.
Read more