Code of Civil Procedure CPC Res Sub Judice Res Judicata Important case law

Res Sub Judice: Two competent court can not trial the same subject matter case simultaneously. The first court where the suit was instituted has the right to trial it first. Section 10 of CPC describes about Res sub Judice.

Important case laws:

1. Indian Bank V. Maharashtra State Coop Marketing Federation Ltd AIR 1998 SC 1952

2. Balkishan V. Kishan Lal ILR(1889) II All 148 (FB)

3. Shri Ram Tiwari V. Bholi Devi, AIR 1997 part 76 

Res Judicata: When the case has been adjudicated and a remedy or compensation is received then no further case will be instituted on the same subject matter but appeal can be proceed. Section 11 of CPC describes about Res Judicata.

Important case laws:

1. Indian Bank V. Maharashtra State Coop Marketing Federation Ltd AIR 1998 SC 1952

2. Workmen V. Board of Trustees, Cochin port Trust 1978 SCC 119

3. Lalchand V. Radhakrishan 1977, SCC 88

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