Code of Civil Procedure 1908, Section 10, Stay of Suit, Principle of Res Sub Judice,Procedure Code (V of 1908),

Code of Civil Procedure 1908

Principle of Res Sub Judice.

Stay of Suit:-

Section 10:-

Section 10. 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, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in 1[Pakistan] having jurisdiction to grant the relief claimed, or in any Court beyond the limits of Pakistan established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.

Explanation:- The pendency of a suit in a foreign Court does not preclude the Courts in Pakistan]from trying a suit founded on the same cause of action.

Explanation, Illustration and Relevant Cases:

Principle of Res-subjudice ;

Scope of Section 10 cpc;

scope of Res sub Judice;

Civil Procedure Code (V of 1908) --Section. 10 and Section 11--- principles of Res sub judice and res judicata and scope of principles of Res sub judice and res judicata ---Rationale behind Section. 10 and section 11 C.P.C. seems to be based on the principle that multiplicity of litigation should be avoided and no one should be troubled twice for the same cause. 2006 S C M R 1262

Object of Section 10 CPC;

Object of Res sub judice;

Civil Procedure Code (V of 1908)----Section 10---Provision of Section 10, C.P.C.---Object---Object of such provision is to avoid duplication of trial on same cause of action and obviate conflict of decisions and unnecessary labour on adjudication of a common suit. 2009 C L D 318

Principle of Res sub judice:

Applicability of  Res Sub Judice:

Civil Procedure Code, 1908 (V of 1908) Section 10—-Principle  and Applicability of  Res Sub Judice—Held : Section 10 of Civil procedure code 1908 being applicable to all classes of suits without any distinction, court to stay its hands (due to maoadatory requirement of section) moment such bar be brought to its notice

Principle of Res sub Judice is Mandatory in Nature:

Civil Procedure Code, 1908 (V of 1908) Section 10—Res sub judice—Principle of—Mandatory nature of—Held : Provisions of Section 10 of Civil Procedure code 1908-- to be manadatory in nature.
Code Procedure Code, 1908 (V of 1908) Section 10 —Res sub judice— Principle of—Held: No two adjudications resulting in clash against each other to be made.
Civil Procedure Code, 1908 Section 10—Stay of suit—Held : Operation of Section 10 of CPC not to be restricted to one class of suits by excluding another class from its ambit. PLJ 1987 215

Principle of Res sub Judice operates as a bar to subsequent suit:

Civil Procedure Code, 1908 (V of 1908) Section 10 : Res sub judice—Bar of—Relief claimed in subsequent suit already claimed on same grounds with regard to same subject-matter in suit previously filed by plaintiff—Held : Previous suit operating as bar to subsequent suit, court to immediately stay further proceedings till decision in previously instituted suit. PLJ 1987 133

Principle of Res-subjudice does not apply unless every matter in dispute is directly and substanially in issues in both suits :

Section 10— Doctorine and Application of Res sub judice (Doctrine of res sub judice contained in) section 10 not to apply unless every matter in dispute be directly and substantially in issue in both suits. PLD 1970 41 

Principle of Res-subjudice applies where Questions in issue and parties in two suits are same:

Civil Procedure Code (V of 1908), Sections 10‑Stay of suit---­Questions in issue and parties in two suits not same‑Stay order cannot be issued. P L D 1970 770

Doctorine and Application of Res sub judice:

Civil Procedure Code (V of 1908) Section 10—Doctorine and Application of Res sub judice— Held : Mere fact that decision of subsequent suit to be largely affected by decision in previous suit still pending not to be sufficient to attract (doctrine of res sub judlee contained in) section 10 of Code. 

Civil Procedure Code (V of 1908), Section 10‑"Previously instituted suit"‑Includes appeal to Federal Court but not an application for leave to appeal.

The word "suit" includes an appeal to Federal Court, but it does not include an application for leave to appeal to Federal Court, for the application may not be granted at all, and, if granted, the application may not prefer any appeal. P L D 1955 96

Civil Procedure Code (V of 1908), Former suit for accounts‑Later suit for specific sum not barred. The previous suit was a suit for recovery of the money which might be found due on accounting. The present suit which was not for any accounts but for recovery of a specific sum on the allegation that it had been received on behalf of the estate was not barred. P L D 1955 96

Civil Procedure Code (V of 1908), Section 10‑Parties contracting to sue at particular place‑One party instituting suit in Court not agreed upon and another subsequently filing suit in respect of same transaction in Court agreed upon‑Second suit should be stayed. P L D 1959 802

Civil Procedure Code (V of 1908), Sections. 10 & 151‑Stay of suit‑Civil Court staying further proceedings in suit subject­-matter of which already pending in proceeding before Revenue Court‑Such order, held, not hit by S. 10‑Civil Court competent to order stay of proceedings under Section 151 for ends of justice till disposal of revenue proceedings. P L D 1969 950

Civil Procedure Code (V of 1908)--Section. 10 and sections 151---Stay of subsequent suit or consolidation of former and subsequent suits---Scope---Where nature, procedure and jurisdiction of courts in both suits was distinct, then neither stay of subsequent suit nor consolidation of both suits could be ordered. 2009 C L C 308

Civil Procedure Code (V of 1908)----Section10 and Section 11---Stay of subsequent suit---Scope---Where decision in previously instituted suit would operate as res judicata, then proceedings in subsequent suit could be stayed even in absence of any one of the conditions mentioned in Section 10, C.P.C. 2009 C L D 318

Civil Procedure Code (V of 1908)--- Section 10---Stay of proceedings---Proceedings could be stayed if the matters in issue in both the suits directly and substantially were the same; previously instituted suit must be pending before a competent Court and the Court was competent to grant relief; both the suits must be between the same parties or their representatives and the parties were litigating in both the suits under the same title. 2007 C L C 255

Civil Procedure Code (V of 1908) Section 10: Stay of suit and applicability of Section 10, C.P.C., only operate between Courts of concurrent jurisdiction and not where the earlier suit was filed before lower Court and the successive suit before High Court. 1999 Y L R 2659

Civil Procedure Code (V of 1908) Section 10: Stay of suit--Later suit raising the same or similar issues between the same parties or those claiming under them, irrespective of the Court where it was instituted, could be, stayed to await the result of the earlier pcnding suit. P L D 1993 107

Civil Procedure Code (V of 1908) Section 10 and section 151: Consolidation of suits and evidence in former suit was complete and case was fixed for arguments when defendant filed cross‑suit whereupon Trial Court consolidated both the suits‑‑‑Validity‑‑‑Proper course of Trial Court was to postpone the trial of later suit and hear the arguments in the earlier suit and decide the same. 1992 MLD 2179

Civil Procedure Code (V of 1908) Section 10 and Section 11: Two suits of civil nature (neither family suits nor tried by Family Court) filed by parties against each other --- Issues between the parties in both suits directly and substantially were same, hence both the suits were disposed of by a common judgment‑‑‑Only one appeal was filed against decree in one suit‑‑‑Decree not appealed against in the other suit, in circumstances, would operate as res judicata and the acceptance of appeal would not have the effect of setting aside judgment in both suits. 1992 MLD 771

Civil Procedure Code (V of 1908) Section 10: Decree passed contrary to the provisions of Section 10, C.P.C. is not a nullity and cannot be treated as void or non‑existent in the eyes of law. 1990 M L D 1773

Civil Procedure Code (V of 1908) Section 10: Provision of Section 10 only enacts a rule of procedure ‑‑‑If the parties, despite the provisions of Section 10, C.P.C. allow the Court to proceed with the trial of subsequently instituted suit, then the decree passed in such suit though contrary to Section 10, C.P.C, will be valid and presumption would be that by not contesting it the defendant had waived his right to have the subsequent suit stayed. 1990 M L D 1773


(a) Civil Procedure Code (V of 1908)­ Section 10: Stay of suit -- Plaintiff claiming same relief on same grounds with regard to same subject‑matter in two different suits, in different Courts‑Plea of bar of suit not taken by defendants in written statement‑Effect‑Where plaintiff had claimed in both suits same relief on same grounds with regard to same subject‑matter, previously instituted suit, held, would operate as a bar to subse­ quietly instituted suit in spite of non‑taking of plea of bar of suit in written statement by defendants. PLD 1987 61