ES 'विचाराधीन न्याय' से आप क्या समझते हैं? प्राङ्ग्याय का सिद्धान्त विचाराधीन न्याय से किस प्रकार भिन्न है व्याख्या कीजिए।

 

Res Subjudice and Res Judicata: Meaning and Differences

1. Res Subjudice (Section 10, CPC, 1908)

The doctrine of Res Subjudice prevents courts from trying two suits simultaneously when the matter in issue is the same in both cases. It aims to avoid conflicting decisions and judicial redundancy.

Essential Conditions of Res Subjudice:

• There must be two suits—one previously instituted and one subsequently instituted.
• The matter in issue must be substantially the same in both cases.
• The suits must be between the same parties or their representatives.
• The previously instituted suit must be pending before a competent court.
• The court where the second suit is instituted must have jurisdiction over the matter.

Effect of Res Subjudice:

• The trial of the second suit is stayed until the first suit is decided.
• Prevents multiplicity of proceedings and contradictory judgments.

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2. Res Judicata (Section 11, CPC, 1908)

The doctrine of Res Judicata states that once a court has decided a matter finally, it cannot be re-agitated between the same parties in another proceeding. It ensures finality in litigation.

Essential Conditions of Res Judicata:

• There must be two suits—one previously decided and one subsequently filed.
• The issue in the subsequent suit must have been directly and substantially in issue in the former suit.
• The previous suit must have been decided by a competent court.
• The decision in the previous suit must have been on merits.
• The parties in both suits must be the same or their representatives.

Effect of Res Judicata:

• The subsequent suit on the same issue is barred.
• Ensures finality of judicial decisions and prevents abuse of the court process.

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3. Key Differences Between Res Subjudice and Res Judicata

Basis	Res Subjudice	Res Judicata
Meaning	A pending case where the trial of a second suit is stopped until the first is decided.	A decided case where the matter cannot be re-litigated.
Governing Section	Section 10, CPC	Section 11, CPC
Purpose	Prevents parallel litigation on the same issue.	Ensures finality and prevents re-litigation of the same issue.
Applicability	Applies to pending cases where the issue is the same.	Applies to cases that have already been decided.
Effect	The trial of the second suit is stayed.	The subsequent suit is barred completely.
Nature	Procedural in nature—stays proceedings temporarily.	Substantive in nature—completely bars re-litigation.

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Conclusion:

Both doctrines aim to prevent judicial inefficiency but operate at different stages of litigation. Res Subjudice applies to pending cases, ensuring parallel suits do not proceed on the same matter, while Res Judicata prevents reopening of settled disputes, maintaining judicial consistency and finality.