First published: 2026-03-27. Substantively updated: 1 November 2026 (IST).
Sub judice describes a matter under judicial consideration. In civil procedure, section 10 of the Code of Civil Procedure, 1908 supplies a specific stay-of-trial rule where its conditions concerning an earlier pending suit are met.
Meaning and limits
The matter in issue must be directly and substantially in issue in the earlier suit. The parties must be the same or claim through the specified parties while litigating under the same title, and the earlier court must have the jurisdiction described in the provision.
The statutory direction concerns proceeding with the trial. Describing it as an automatic bar on filing every later suit would go beyond that wording. Similar subject matter alone also does not replace the provision’s requirements.
The Explanation says that pendency in a foreign court does not preclude Indian courts from trying a suit on the same cause of action. This entry explains the general statutory text and does not decide whether a particular application satisfies it or whether other procedural or territorial rules apply.
Primary source: Code of Civil Procedure, 1908, Section 10.
Frequently asked questions
Does any earlier lawsuit automatically trigger section 10?
No. The section requires the specified connection between issues, parties or their successors, title and jurisdiction.
Does a foreign suit always prevent an Indian trial?
No. The Explanation to section 10 expressly says the pendency of a foreign suit does not preclude an Indian trial on the same cause of action.