Under the Civil Procedure Code (CPC) in India, the principle of res subjudice is enshrined in Section 10.
The principle of res subjudice means that where a matter is already sub judice, or under consideration by a court of law, another court cannot take up the same matter for consideration.
This is to prevent multiple courts from adjudicating on the same issue at the same time, which could result in inconsistent judgments and confusion.
Section 10 of the CPC applies when there are two suits pending in different courts, and the matter in issue is directly and substantially the same in both cases.
In such a situation, the court in which the second suit is filed may stay the proceedings until the first suit is resolved.
This principle aims to prevent the multiplicity of proceedings and to ensure that the dispute is resolved in a consistent and efficient manner.
In summary, the principle of res subjudice is an important legal principle in the Indian legal system that prevents the same matter from being litigated simultaneously in different courts
It aims to promote judicial efficiency and avoid inconsistent judgments.