Monday, 20 June 2022

Res Sub Judice

 Res Sub Judice

Conflicts between tenant and owner of the property is really common these days
So , here’s an illustration of a conversation between tenant and owner
Owner – Neither you are paying the rent nor you are leaving the house , I will file a a case against you
Tenant – I wont leave the house nor pay the rent because no maintenance has been done for a year .
Owner institutes a case against the tenant in court A , and during the one going trial in court A , owner approached court B for the same case

Section 10 speaks about Res Sub Judice
So, court B shall not proceed with the trial of case instituted by owner as a suit has already been filed by the owner and trial is going on in court A. Trial shall not begin in a court if it is pending in same or other competent court ,if both cases respondent and accused is the same ,  if the dispute is same ,  if the matter is same ,if title is same .
So, with the above illustration , Court b can accept the case , but cannot start the trial of the case and give it a stay order as the exact same case trial is in action in court A.
Exception – If the case is pending in a foreign court ,the court can take the case otherwise any Indian court which is in India or outside India formed by central government cannot start the trial of the case if the same if pending in other court .

Case laws

In , SPA Annamalay chetty v. BA thorhill, AIR 1931 PC 236 – ‘why stay of suit’ or ‘Res Sub Judice’

It was cleared that the object of the section is to protect a person from a multiplicity of proceedings and avoid a conflict of decisions. It also protects the litigants people from unnecessary harassment and also saves the time of the court and same case does not require multiple trials at the same time.

Indian bank v. Maharashtra State cop. Marketing federation Ltd.

It was mentioned in this case that -It provides that civil court should not proceed with the trial of any suit in which the matter in issue is directly or substantially in issue in a previously instituted suit because the same parties in the court before which the previous list to the suit is pending is competent to grant the relief sought.

When Res sub judice cannot be applicable -

In case of , Alimallah v. Sheikh 

It was held that this doctrine cannot be applied as the point that issues are distinct and different..

In case of , Abdur v. Asrafun

It was mentioned that this doctrine cannot be applied as there are some issues in common and others are different issues When compared to the case instituted in other court

In case of , Manzar v. Rema 

It was cleared that this doctrine is not applicable as even if the respondent an accused are same but the issues are different.

No comments:

Post a Comment

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional docum...