Section 10

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• Sec.10 of the CPC deals with Res Subjudice while Sec.11 deals with Res judicata. • Res Subjudice says that 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 and the Court in which the previous suit is pending is competent to grant the relief granted. Res Judicata says that no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and subsantially in issue in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, in a competent court to try such subsequent suit or the suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court. • Res Subjudice applies to a matter pending trial. Res Judicata applies to a matter adjudicated upon. • Res Subjudice stays the trial of the suit/issue which is pending decision in a previously instituted suit. Res judicata bars the trial of a suit or issue which has been decided in the former suit. Read more at: https://www.caclubindia.com/experts/res-judicata-vs-res-sub-judice*Phone*asp

Final decision means there should no APPEAL shall lie on such decision or prescribed period of limitation for APPEAL is expired.

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