Introduction to Section 10 CPC (Doctrine of Sub Judice)

Section 10 of the Civil Procedure Code, 1908 embodies the doctrine of sub judice, which prevents multiple suits on the same matter between the same parties in different courts.

The primary objective of this provision is to avoid parallel proceedings on identical issues, preventing contradictory judgments and judicial inefficiency.

"Stay of Suit" (Section 10, CPC)

"No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties under the same title in a competent court having jurisdiction to grant the relief claimed."

Key Takeaways from Section 10

• Prohibition on simultaneous suits: A court must stay the trial if a similar case is already pending.

• Same matter in issue: The issue in both suits must be directly and substantially the same.

• Same parties: The parties in both suits must be the same or legally represented.

• Same title: The previous and subsequent suits must be filed by the parties in the same legal capacity.

• Competent Court: The earlier case must be pending in a court with proper jurisdiction.

• Relief Claimed: The relief sought in both cases should be identical or substantially similar.

Objective of Section 10 CPC+

1. Prevents Conflicting Decisions – Ensures consistency in judicial decisions and avoids contradictory judgments.

2. Avoids Judicial Waste – Saves judicial resources by preventing redundant litigation.

3. Protects Litigants from Harassment – Stops a party from facing multiple suits for the same cause of action.

4. Maintains Public Confidence – Ensures that courts function fairly without duplicating cases.

Essential Ingredients of Section 10 CPC

For the doctrine of sub judice under Section 10 to apply, the following conditions must be met:

1. Previously Instituted Suit - A case must be pending in a competent court before a new suit on the same issue is filed.

2. Same Parties - Both suits must involve the same litigants or their legal representatives.

3. Same Subject Matter - The "matter in issue" in both cases must be directly and substantially the same.

4. Same Title & Capacity - The parties must be suing in the same legal status (e.g., as plaintiffs or defendants).

5. Pending in a Competent Court - The first suit must be in a court that has the jurisdiction to grant the relief sought.

6. Stay on the Subsequent Suit - If all conditions are met, the second suit is stayed until the first suit is resolved.

Scope and Application of Section 10 CPC

(A) Where Section 10 Applies

• When a suit involving the same subject matter is already pending in a court.

• When both suits involve the same parties under the same legal title.

• When the relief claimed in the second suit is identical or substantially similar to the first suit.

(B) Where Section 10 Does Not Apply

• When the first suit is filed in a foreign court.

• When the first suit is pending in a court without jurisdiction.

• When the two suits deal with different legal reliefs (though related).

• When the subject matter in both suits is not substantially identical.

• When a criminal case and a civil case arise from the same facts (Section 10 applies only to civil cases).

Illustrations of Sub Judice Under Section 10 CPC

Illustration : Property Dispute Between A and B

• Case 1: A files a suit against B for ownership of a disputed land in the Delhi District Court.

• Case 2: B, to delay proceedings, files another suit in the Mumbai High Court seeking to declare ownership over the same property.

Application of Section 10:

Since both suits involve the same subject matter and the same parties, the second suit in Mumbai will be stayed until the Delhi case is resolved.

Landmark Case Laws on Sub Judice (Section 10 CPC)

1. Indian Bank v. Maharashtra State Cooperative Marketing Federation (1998)

• Facts: Two identical suits were filed in different courts concerning the same issue.

• Held: The Supreme Court ruled that the second suit should be stayed under Section 10 CPC to prevent conflicting judgments.

2. Pukhraj D. Jain v. G. Gopalakrishna (2004)

• Facts: A landlord-tenant dispute was pending before a Small Causes Court when a similar suit was filed in a Civil Court.

• Held: The second suit was stayed under Section 10 CPC.

3. Aspi Jal &Anr. v. Khushroo Rustom Dadyburjor (2013)

• Facts: Two suits concerning the same property dispute were filed in two different courts.

• Held: The Supreme Court reiterated that the doctrine of sub judice prevents parallel litigation and ensures judicial consistency.

Difference Between Sub Judice (Section 10) and Res Judicata (Section 11)

Feature	Sub Judice (Section 10 CPC)	Res Judicata (Section 11 CPC)
Meaning	Prevents multiple pending cases on the same issue.	Prevents re-litigation of an already decided case.
Application	Stops a second suit while the first is pending.	Bars a new case after a final judgment is passed.
Legal Effect	The second suit is stayed (not dismissed).	The second suit is dismissed outright.
Example	Two identical property disputes are pending in two courts.	A dismissed land dispute case is refiled.

Points to Remember

• Section 10 CPC is a crucial doctrine that prevents multiplicity of litigation.

• It ensures that courts do not deliver conflicting judgments on the same issue.

• It applies only to civil cases and is enforced when the same parties, same matter, and same relief are involved.

• Judiciary aspirants should understand Section 10 CPC for judicial service exams as it is often tested in procedural law.