Civil Judge Preparatory Forum

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, Specific of screening test of CJ/JM announced by IBA, Sukkur

will be easier for Aspirants.

complainant files his no objection on affidavit regarding the bail of accused in non compoundable offences, so, whether such bail will be granted or not?*

may share their response with reasoning.

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1. Res judicata (Section 11 CPC) — on four grounds

2. Res sub judice (Section 10 CPC) — pending adjudication.

Res Judicata – Section 11 CPC

Section 11 of the Code of Civil Procedure, 1908, embodies the doctrine of res judicata, meaning “a matter already adjudged.” It bars the trial of any suit or issue which has already been decided in a former suit between the same parties by a competent court.

The doctrine rests on four principal grounds:

1. Finality of Judgments

Litigation must come to an end; otherwise, disputes would continue endlessly.

“There must be an end to litigation in the interest of society.”

2. Public Policy

Courts are established to settle disputes, not to multiply them. Allowing repeated litigation on the same matter would waste judicial resources.

Supreme Court held that the rule of res judicata is based on public policy and applies even to writ petitions.

3. Protection of Parties from Multiplicity

A party should not be vexed twice for the same cause of action.

Res judicata applies to suits and ex*****on proceedings; a party cannot re-agitate the same issue.

4. Competency of Courts and Justice

A matter already decided by a competent court on merits is binding on the parties in subsequent litigation.

– Res judicata applies not only to issues decided but also to those which could and should have been raised.

Thus, Res judicata under Section 11 CPC prevents re-litigation and ensures finality, certainty, and consistency in judicial decisions.

Res Sub Judice – Section 10 CPC

Section 10 CPC deals with res sub judice, meaning “a matter under judicial consideration.”

It provides that:

No court shall proceed with the trial of a suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties, pending before a court of competent jurisdiction.

Essentials

1. Two suits must be instituted (one earlier, one later).

2. The matter in issue must be directly and substantially the same.

3. Parties must be the same or claiming under the same title.

4. The earlier suit must be pending in a competent court.

Effect

The trial of the later suit is stayed until the earlier one is decided.

It is based on the principle that one matter should not be adjudicated simultaneously Section 10 aims to prevent conflicting decisions and multiplicity of trials.

Summary:

Res Judicata (Sec. 11 CPC) bars re-litigation of matters already decided (on four grounds: finality, public policy, protection of parties, competency of courts).

Res Sub Judice (Sec. 10 CPC) stays a subsequent suit when the matter is still pending in a previously instituted suit.

is Compounding?

Compounding means settlement/compromise between the complainant (victim) and accused.

Once compounded, it amounts to an acquittal (Sec. 345(6) CrPC.

Purpose: To encourage reconciliation in less serious/personal disputes.

Types of Offences under Section 345 CrPC.

1. Compoundable Offences

Listed in Section 345(1) & (2) CrPC.

Some can be compounded without Court permission, some with Court permission.

Examples (without Court’s permission – Sec. 345(1)):

Like....

Hurt (Sec. 337A(i) PPC)

Defamation (Sec. 500 PPC)

Criminal trespass (Sec. 447 PPC)

Examples (with Court’s permission – Sec. 345(2)):

Causing grievous hurt (Sec. 325 PPC)

Cheating (Sec. 420 PPC)

Criminal breach of trust (Sec. 406 PPC)

2. Non-Compoundable Offences

Serious offences not mentioned in Sec. 345 CrPC.

Cannot be compromised, even if both parties agree.

Only the Court decides punishment.

Examples:

Murder (Sec. 302 PPC) → but note: under Qisas & Diyat laws, the heirs (wali) can forgive (waive Qisas or accept diyat) – that’s compounding under CrPC but under Islamic law incorporated into PPC.

R**e (Sec. 376 PPC)

Kidnapping (Sec. 364A PPC)

Terrorism offences

Key Differences (Pakistan CrPC)

Aspect Compoundable Non-Compoundable

Settlement Parties can compromise Parties cannot compromise
Court’s Role May or may not need permission (Sec. 345(1),(2)) Cannot allow compromise
Effect Accused is acquitted Trial continues
Examples Sec. 323, 325, 406, 420, 447, 500 PPC Sec. 302 (except diyat), 376, 364A PPC

Illustration (Pakistani context)

Compoundable Example:

A gives a slap to B (Sec. 323 PPC – simple hurt).

B files a case. Later, A apologizes, and B forgives him.

Since it’s compoundable, case ends with acquittal.

Non-Compoundable Example:

A rapes B (Sec. 376 PPC).

Even if B “forgives” A, the case cannot be withdrawn because it’s a crime against society.

The Court must continue the trial.

In short (Pakistan CrPC 345):

Compoundable offences = petty/private wrongs, compromise allowed.

Non-compoundable offences = grave/social wrongs, no compromise allowed.

Murder & hurt cases have a special rule under Qisas & Diyat provisions of PPC (separate from CrPC compounding).

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pertaining Reading the Case Laws