Res judicata and sub resjudice, the competence of a court shall be determined irrespective of any provisions as to a right of appeal from the decision of such court.
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what are Res-judicata and Sub-resjudice?
Section – 10 deals with the doctrine of res sub-judice and section-11 deals with the doctrine of res –judicata.
Section -10 provides the rule with regard to stay of suits where things are under consideration or pending adjudication by a court.
On the other hand, section-11 provides the rule that relates to a matter already adjudicated.
Read also: Cheque Dishonor and Legal Remedies
It bars the trial of a suit or an issue in which the matter directly and substantially in issue has been adjudicated upon in a former suit. Sections 10 and 11 are mandatory.
on the other hand, Sub-judice in Latin means ‘under judgment’. It denotes that a matter or case is being considered by the court or judge.
when two or more cases are filed between the same parties on the same subject matter, the competent court has the power to stay the proceeding.
However, the doctrine of res-subjudice means a stay of the suit. This Code provides rules for the civil court in respect of the doctrine of res subjudice. This rule applies to the trial of a suit, not the institution thereof.
Sec.10: Stay of Suit
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, litigating under the same title where such suit is pending in the same or any other Court in Bangladesh or in any Court beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court.
Explanation:
The pendency of a suit in a foreign Court does not preclude the Court in Bangladesh from trying a suit founded on the same cause of action.
Sec.11: Res Judicata
No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties litigating under the same title, in a court competent to try such subsequent suit and has been heard and finally decided by such Court.
Purpose in short
Avoid wasting Court Resources.
Avoid Conflicting decisions.
Avoid multiplicity of the suit.
