Res-Subjudice

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Under the Civil Procedure Code (CPC) in India, the principle of res subjudice is enshrined in Section 10.

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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.

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This is to prevent multiple courts from adjudicating on the same issue at the same time, which could result in inconsistent judgments and confusion.

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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.

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In such a situation, the court in which the second suit is filed may stay the proceedings until the first suit is resolved.

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This principle aims to prevent the multiplicity of proceedings and to ensure that the dispute is resolved in a consistent and efficient manner.

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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

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It aims to promote judicial efficiency and avoid inconsistent judgments.

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