DOCTRINE OF RES SUB JUDICE DOES NOT BAR THE INSTITUTION OF SECOND SUIT
Judicial dexterity is not solely confined to judges and courts—it significantly relies on the proper application of general laws and legal doctrines. To truly understand the scope of judicial prudence, one must comprehend the functioning of courts and the implementation of appropriate legal principles . Doctrine of Res Sub Judice The term “sub judice” is derived from Latin, meaning “under judgment.” It implies that a matter is currently under consideration by a court. The doctrine of res sub judice is codified under Section 10 of the Civil Procedure Code, 1908 (CPC) . The doctrine effectively provides for the stay of a suit where the matter is already pending adjudication. Thus, a party may seek to prevent the trial of a second suit based on this principle. Purpose of the Doctrine The rationale behind this provision is to prevent courts of concurrent jurisdiction from simultaneously trying t...