Res Sub-Judice means a matter pending in the Court (Res - A matter, SubJudice - Pending in the Court.) Section 10 of CPC provides "No court shall proceed with any suit in which the matter in issue is also directly in issue in a prior suit between the same parties, litigating under the same title"
This provision is given under section 10 of Civil Procedure Code it is not applicable if the prior suit is pending in a Foreign Court. This provision will be applicable if the previous suit is pending in the same court or any other court in India.
Stay of suit -
According to Section 10 of the Code of Civil Procedure, 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 India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.
The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action.
Conditions for Stay of Suit -
a) There must be previously. Suit and it must be pending in the court
b) The plaintiff must have filed another Suit against the same defendant on the same cause of action
c) The matter any issue between the two suits must be the same
d) This both suits must be between the same parties
e) Both parties must be litigating under the same title between both the suits
f) The court in which the previous suit is pending must have jurisdiction to decide the matter
g) The previously suit must be pending in the same court or in any other court in India
The object of stay of Suit
The object of this provision is to prevent the court from deciding two similar suits, in respect of the same cause of action between the same parties.
Relevant case law
Manoharlal Vs Seth Hiralaal AIR 1962, SC 527
In this case, the Supreme Court of India held that the provisions contained in section 10 are mandatory and no discretion is left with the court.
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