Explanation:

It is mandatory. The object ofS-i Odj' to prevent Courts of , concurrent Jurisdiction from simultaneously; trying two parallel cases, in respect of same matter in issue leading to conflicting decisions and avoids wastage of time. It has no universal application like res judicata and as such pendency of cases in a foreign court is not a bar to institution of cases in India. Section 10 also does not apply to criminal cases and interim , or preliminary orders. Section 10 applies to suits, and appeals only Appeals are a continuation of suit. If the previous case is instituted on an application or petition etc,. res sub judice will not be applicable. (Haiish Chander Bajoai v. . Triloki Singh- 19791 The rule of sub-judice is only a rule ofprocedure and a decree passed in contravention of it is not a nullity and cannot be disregarded in execution proceedings - [SheopatRivi v. Warak Chandz.