Res Subjudice:

Vaithilinga Pandara Sannadhi, Re, AIR 1930 Mad 381. The rule of Res Subjudice applies to the trial of a
suit and not to the institution of suit. It also doesn't prevent a court from passing interim order such as
grant of injunction or stay, appointment of receiver. It also applies to appeals and revisions.

Test

The test for applicability of Section 10 is whether the decision in a previously instituted suit would
operate as res judicata in the subsequent suit. If it is so, the subsequent suit must be stayed. S.P.A
Annamalay Chetty vs. B.A Thornbill.