Doctrine Of Res Sub Judice, Res Judicata: Finding A Balance Between Judicial Economy And Reaching Justice
- IJLLR Journal
- Dec 28, 2025
- 1 min read
Priya Singh, Gautam Budha University
ABSTRACT
Res Judicata and Res Sub Judice are the foundations of the civil procedure of India, being struck between economical and administering off justice in a fair manner. The concept of Res Judicata, which was written under Section 11 of Code of Civil Procedure in 1908, is the concept on which the same is written on the principle that once a good court has decided on the same issue between the same persons in the same cause, it cannot be re-opened. It gives certainty to litigation process, avoids duplication of actions and protects judiciary resources against vexatious or habitual suits. On the other hand, Res Sub Judice, which is put in place in Section 10 of CPC, prohibits judgment of a court of a case where the same issue with similar parties is in existence. This doctrine guarantees the efficiency of the systems, avoidance of conflicting decisions and judicial uniformity. These combined set of doctrines keeps the integrity of the judicial process intact and decrease unnecessary litigation and work load. But when enforced literally, without judicial discretion, it may at times create a barrier of access to justice or postpone effective remedies. Therefore, the two doctrines should be employed with a sense of touch, which will help to foster efficiency and still uphold the key principle of fair adjudication. Proper application of them indicates the way the judiciary balances the procedural discipline and the substantive one.
