Difference Between Res Judicata And Res Sub Judice

There are several guidelines that assist courts handle legal issues more smoothly and effectively. Res Judicata and Res Sub Judice are two significant principles that frequently come up. Though they operate differently, both seek to avoid reoccurring or overlapping situations.

Res Judicata forbids a case from being heard again after it has already been decided, whereas Res Sub Judice forbids two courts from hearing the same subject concurrently. These rules contribute to reducing unnecessary costs and court system delays. Understanding these differences is crucial to comprehend how the court functions effectively. Let's take a closer look at these ideas to see how they vary and why they are so crucial to legal practice in this blog.

Overview Of Res Judicata

The Latin word "res" means "things," while the word "judicata" means "already decided." "A thing adjudicated must be taken as truth," or "Res judicata pro veritate accipitur," is the whole principle from which the theory was derived.

Once a court renders a final decision in the case, it cannot be challenged in further litigation since the ruling is final. This rule reduces the court's burden and ensures that decisions are final. It also protects individuals from being sued repeatedly for the same issue.

The concept was initially put out by the English common law system. Later, it was included in the 1908 Code of Civil Procedure and then accepted by the Indian legal system.

Purpose Of Res Judicata

The res judicata doctrine is based on the ideas of justice, equity, and good conscience. It applies to all criminal and civil cases. The doctrine's primary goal is to limit the re-litigation process. The doctrine also serves the following other purposes:

• Bringing about Closure: It guarantees that the parties involved in a lawsuit obtain a final settlement. After a judgment is rendered, the disagreement is resolved and no more claims can be brought about the same issue. This protects everyone's interests and maintains fairness.
• Court Resource Conservation: Res Judicata helps to save valuable court resources by preventing repeated lawsuits on the same issue. It reduces the amount of cases that courts must handle. It allows them to focus on new concerns instead of rehashing old ones.
• Preventing Confusion: There would be inconsistent rulings and confusion if many rulings might be made on the same matter. Res Judicata ensures that a decision is enforceable once it is made. It maintains the consistency of the legal system.
• Preventing Double Recovery: This rule also guards against the unfairness of giving a plaintiff double compensation for the same damage. By preventing recurring accusations of the same offence, it advances justice in the legal system.

Applicability Of Res Judicata

A broad legal principle known as res judicata ensures that a matter cannot be relitigated once a decision has been made. Here are some circumstances where it is applicable:

Civil Suits: The most prevalent use is in civil proceedings when a ruling in one case prohibits parties from suing again on the same matter. This preserves the validity of court rulings.

• Execution processes: Res Judicata has an effect in situations when a court ruling is being enforced in order to avoid reexamining the same problems during execution processes. The implementation procedure ought to proceed without revisiting the matter after a decision has been reached.
• Tax Matters: Res Judicata safeguards the finality of tax assessments and rulings, hence tax issues decided by a competent body cannot be re-litigated according to this concept.
• Industrial Adjudication: Res Judicata also applies to rulings rendered by labour courts or tribunals in industrial disputes. An issue cannot be disputed in a separate forum once it has been resolved.
• Administrative Orders: Res Judicata applies to orders issued by administrative agencies or organizations, which prohibit parties from contesting the same issues in subsequent administrative processes.
• Temporary Orders: Res Judicata may apply even to temporary orders if they settle a significant dispute. This makes it impossible for parties to repeatedly reopen the same case while claiming to be seeking temporary relief.

Essential Elements Of Res Judicata

The following are the fundamentals of res judicata:

A prior ruling by a competent court: An earlier decision has to be rendered by a court with the appropriate authority. If the court lacked the authority to decide, Res Judicata would not be applicable.

• Final Decision: The earlier ruling must be permanent and cannot be challenged or reexamined. Only fully resolved cases are eligible for the use of Res Judicata.
• Parties Involved: The parties should be the same or closely linked, such as an heir or legal representative, in both the current litigation and the prior one. This stops the same individuals from being sued repeatedly for the same problem.
• Same Cause of Action: In both situations, the problem or reason for action must be the same. Res Judicata only comes into play when the main point of contention has already been settled.
• Same Subject Matter: In both circumstances, the remedy requested or the topic of the matter must be the same. The theory is not applicable if the cases deal with distinct claims or concerns.

Exceptions To Res Judicata

There are a few exceptions to the rule of Res Judicata. These are the primary exclusions:

Writ of Habeas Corpus: This type of case is exempt from the Res Judicata principle.

• Fraud or Collusion: A decision rendered in a later case that was gained by fraud or conspiracy might not be upheld.
• Significant changes in the evidence: The Court may permit the parties to re-litigate the case. This is when the new material comes to light that was not properly uncovered during the previous litigation.
• Court Jurisdiction Incompetent: The decision could not be enforced if the court that made it lacked the necessary authority.

Overview Of Res Sub Judice

The Latin phrase "sub judice" means "under judgment." It means that the court is still considering the case. The court where the following suit has been filed has the authority to halt the proceedings where two or more lawsuits have been filed in the same court or in separate courts by the same parties, on the same subjects, and acting under the same title.

Purpose Of Res Sub Judice

Res Judicata aims to improve the judicial system's effectiveness and integrity. The following are the main goals of this doctrine:

• Finality of Judgments: It ensures that after a matter has been decided. So, it cannot be re-litigated.
• Efficiency in Court Proceedings: By preventing recurrent litigation, Res Judicata saves the judiciary money and time. This allows the courts to focus on new cases.
• Legal Decision Consistency: The notion ensures that similar issues are not handled differently in different contexts. It avoids contradictory rulings on the same matter.
• Protection for Defendants: It shields defendants from being sued again for the same allegation. It prevents them from being held financially or legally liable many times.
• Clarity and Order: By lowering the volume of court proceedings, Res Judicata helps to maintain clarity and minimize misunderstandings in the legal system.

Applicability Of Res Sub Judice

Both cases and appeals are subject to Res Sub Judice, which is essential to preserving the effectiveness and uniformity of the legal system. This is how it functions in each situation:

• Suits: Res Sub Judice stops two courts from acting concurrently when two suits about the same matter are filed in separate courts. This lowers the possibility of contradictory rulings by guaranteeing that the case is heard by only one court. It promotes judicial economy and shields the parties from the burden of several litigations by enabling the court with the initial case to decide the matter.
• Appeals: When it comes to appeals, Res Sub Judice makes sure that, until the appeal is decided, no connected proceedings should be undertaken in a different court. This keeps several courts from rendering conflicting verdicts on the same issue, which might cause misunderstandings.

Also Read : What Is An Appeal in Law?

Essential Elements Of Res Sub Judice

The goal of the Res Sub Judice concept is to stop the same parties from suing one another over the same matter. The following are the fundamental components that make up this doctrine:

• Two Civil Cases: The same parties must be involved in two civil cases. This guarantees that the relevant legal topic is being disputed in both situations.
• Pending Former Suit: The prior lawsuit must still be pending—that is, unresolved—before a court of competent jurisdiction. Until the first lawsuit is resolved, the second one cannot be filed.
• Similar Title: The title of the second lawsuit must be similar to the one used for the first. This suggests that the allegations in the two cases are similar in character.
• Foreign Court Exclusion: Res Sub Judice does not apply to any lawsuit that is now underway in a foreign court. This implies that only lawsuits that fall under the purview of local courts are taken into account.
• Local Procedures: The doctrine applies if a later application is submitted to an administrative body (such as the Tahsildar) while a lawsuit is still proceeding.
• Date of Suit Presentation: When deciding which suit is taken into consideration first, the date on which the plaint (original document) is presented is very important. This chronology also includes appeals.
• Inherent Power to Suspend Proceedings: The court must possess the inherent authority to halt the proceedings in the event that the subsequent lawsuit disrupts the current case.
• Null and invalid Decrees: If a decree is issued in violation of this principle, it will be considered null and invalid. It means it has no legal power.
• Waiver of Rights: According to this theory, the parties may decide to move forward with the next lawsuit even while the first one is still pending.
• Interim Orders: While the lawsuits are being handled, the court may issue temporary rulings that offer short-term advice or relief.

Exceptions To Res Sub Judice

In some circumstances, the Res Sub Judice concept is not applicable. The main exclusions are as follows:

• Unique Claims: Res Sub Judice does not apply if the claims in each case are distinct and do not overlap. Because they deal with different concerns, each case may be pursued separately.
• Common and Unique Difficulties: When the parties have both shared and distinctive problems, the concept does not apply. In these cases, the existing case does not interfere with the court's ability to hear the unique allegations.
• Different problems: Res Sub Judice is not applicable if the cases are over different problems, even if they are between the same parties. It is possible to litigate each issue independently, leading to different legal outcomes.
• Partial Issue Raising: Res Sub Judice is not always applicable if not all of the problems from the previous lawsuit are raised in the new case. The new complaint may move forward if it addresses topics that were not addressed in the first one.

Key difference Between Res Judicata And Res Sub Judice

The following is a thorough breakdown of the differences between Res Sub Judice and Res Judicata, arranged under pertinent headings:

1. Character Of The Outfits

• This principle of Res Sub Judice is applicable in situations when two lawsuits are pending, one of which has already been launched.
• When litigation is concluded and a final judgment has been rendered in the previous case, the concept of Res Judicata comes into play.

2. The Issues' Significant Identity

• Res Sub Judice: The second suit can be stopped if the issues in both cases are essentially the same.
• Res Judicata: The problem at hand in the second lawsuit must have played a substantial role in the first one, either directly or indirectly.

3. Court Jurisdiction

• Res Sub Judice: Either the same court or another with jurisdiction to hear the claims must have the previously brought suit still ongoing.
• Res Judicata: The same parties or parties claiming under them must have been involved in the previous lawsuit's decision.

4. Parties' Title

• Res Sub Judice: In both lawsuits, the parties must be suing under the same title.
• Res Judicata: The parties in the former suit must have been under the same title, but this is not always true for the second suit.

5. Parties Concerned

• Res Sub Judice: The same parties or their agents must be involved in both lawsuits.
• Res Judicata: This principle only comes into play following a definitive ruling on a specific matter between the same parties.

6. Revocation of the Doctrine

• Res Sub Judice: With mutual consent, the parties may renounce this principle.
• Res Judicata: The parties cannot waive this rule, which has universal applicability.

7. Relevance to Various Proceedings

• Res Sub Judice: This rule applies only to lawsuits, including appeals.
• Res Judicata: This concept covers a wider spectrum of judicial processes and is applicable to both suits and applications.

8. Written Statement Defense

Res Sub Judice: A written declaration about the ongoing lawsuit cannot bring up the defence.

Res Judicata: Written statements may provide defences pertaining to the earlier ruling.

9. Legal Clauses

• Res Judicata is governed by the terms and circumstances outlined in Section 11 of the Civil Procedure Code.
• Section 10 of the C.P.C. addresses Res Sub Judice, outlining the circumstances in which this concept is applicable.

10. The Doctrines' Focus

• Res Judicata: It eliminates the possibility of the same parties trying the same case again. It ensures that a final decision is upheld.
• Res Sub Judice: Aiming to preserve judicial order, it prohibits the concurrent processing of two parallel claims involving the same parties.

Conclusion

It is important for all parties involved in legal procedures to understand the difference between res judicata and res sub judice. The res judicata doctrine states that a case cannot be heard again since it has already been decided. It ensures that legal choices are definitive. Conversely, res sub judice refers to an issue that is still pending in court. It means that it is still up for discussion. Understanding these phrases safeguards the rights of all parties and helps to comprehend how the legal system operates.