The Rule of Res Sub Judice (Section 10)

Abstract

With an enormous number of pending cases, the Indian legal executive is overburdened and faces a distinct absence of assets. In a circumstance like this, when two suits emerging out of similar issues between similar gatherings are brought under the steady gaze of the courts, there will undoubtedly be wastage of assets and negligible prosecution.

The main area of the piece characterizes and clarifies the convention and afterward the remainder of the article is committed to looking at certain particular parts of the hypothesis of res sub judice which is isolated into five unequivocal segments. At long last, we look past the regulation itself so as to obviously comprehend the degree of its application1

The tenet of res sub judice depends on open strategy which intends to limit an offended party to one case and to forestall the chance of two conflicting decisions by indeed the very same court in regard of the equivalent relief.2 The convention has two targets, one is to keep courts of simultaneous locale from at the same time attempting two equal suits between similar gatherings identifying with same issue in issue. Second is to dodge the clashing choices of two skillful courts over a similar issue and furthermore to spare the hour of the court where resulting suit is initiated in a similar issue. Accordingly, the object of this part is to shield an individual from variety of procedures and to maintain a strategic distance from a contention of legal decisions.3