Section 10 CPC Stay of Suit
No court shall proceed with trial of any suit in which the matter in issue is also directly and substantially in issue in a previous instituted suit between the same parties, or between parties under whom they or any of them claim litigation under the same title where such suit is pending in the same or any other Court in Pakistan having jurisdiction to grant the relief claimed, or in any court beyond the limits of Pakistan established or continued by the Federal Government and having like jurisdiction, or before the Supreme Court.
Explanation of Sec 10 of CPC
The pendency of a suit in a foreign court does not preclude the court in Pakistan from trying a suit founded on the same cause of action.
Section 10 of CPC provides for stay of suit. The primary rule under stay of suit or rule of res sub-judice prevents Courts of concurrent jurisdiction from simultaneously adjudicating upon parallel litigation filed for the same cause of action, for the same matter and for the same relief.
What is RES Subjudice in CPC?
Res Sub Judice. Subjudice in Latin means ‘under judgment’. It denotes that a matter or case is being considered by court or judge. When two or more cases are filed between the same parties on the same subject matter, the competent court has power to stay proceedings.
Difference Between Res Sub Judice and Res Judicata
Res subjudice relates to matter pending judicial inquiry or trial sub judice. Res-judicata relates to a matter already adjudicated or matter in which decision is already there. Res subjudice bars to the trial of a suit. Res-judicata, bars to file a suit.