What is the Doctrine of Sub-Judice?
The word Sub-Judice literally means “under judicial consideration.” The doctrine restricts a second court from trying a suit on the same subject matter when the same issue between the same parties is already under trial in another court.
This doctrine prevents:
- Duplication of legal proceedings
- Wastage of judicial resources
- Conflicting judgments
Legal Provision: Section 10 of CPC
Section 10 of the Code of Civil Procedure states:
“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… pending in the same or any other competent court in India.”
Key Conditions for Application:
- The two suits must involve the same matter in issue.
- Both suits must be between the same parties or their representatives.
- The previous suit must still be pending and undecided.
- Both suits must be in competent courts with jurisdiction.
What is the Purpose of the Doctrine?
The main objective of the doctrine is to:
- Avoid conflicting decisions from different courts
- Maintain judicial discipline
- Ensure fairness and consistency in legal proceedings
- Protect litigants from harassment and unnecessary costs
By applying this doctrine, courts ensure that one matter is tried only once, saving time and promoting efficiency.
Is the Doctrine of Sub-Judice Applicable to Criminal Cases?
No, Section 10 of the CPC applies only to civil suits. Criminal cases follow different procedures, and multiple proceedings may occur under different statutes, as long as the law permits.
Can Courts Grant Relief Despite Sub-Judice?
While Section 10 prohibits trial proceedings, courts may still:
- Hear interim applications, such as injunctions or stay orders
- Reject or admit pleadings
- Continue other pre-trial processes
However, they cannot begin or proceed with the full trial of the suit if the matter falls under the doctrine.
Important Case Laws on Doctrine of Sub-Judice
1. Indian Bank v. Maharashtra State Co-operative Marketing Federation (1998)
The Supreme Court held that Section 10 bars only the trial, not the filing or preliminary steps of the second suit.
2. M/s. Pukhraj D. Jain v. G. Gopalakrishna (2004)
The court ruled that the doctrine promotes judicial discipline and must be applied strictly to avoid conflicting decisions.
Can Media Discuss Sub-Judice Matters?
Although not part of Section 10, courts often advise media outlets not to comment on ongoing trials. Prejudicial reporting may influence public opinion and affect judicial impartiality, especially in sensitive cases.
