No, by applying doctrine of res subjudice the decision of earlier suit will be applicable as it is between the same party and on same subject matter. The given case study is of wings pharma V. Swan pharma.

Doctrine of res sub judice i.e. stay of suit: No court shall proceed with the trial of any suit in which the matter in Issue is also directly and indirectly instituted suit between the same parties. S. 10 prevent court from two parallel suits at a time in respect of same matter to an issue. Wings pharmaceutical p Ltd. & Another V. Swan pharmaceutical and others. The Court held that subsequent suit should be stay as it might results in conflicting decision as matter to an issue are identical in both the suits. As in above mentioned case doctrine of res sub judice is applicable i.e. stay of suit. Both the party and matter to an issue are identical which instituted in different Court so it's might create conflict between two court decision. If situation arises like this later suit should be stayed till the disposal of earlier suit. Hence, it's not possible to give a respective decision on both suits at a timr as it's against the section 10 i.e. doctrine of res sub judice. #correct_me_if_u_want #no_grammer_nazis_please.

1)As per the provision of the law , during the pendency of suit , no suit for same allegation can be instituted in another court 2) both the courts cannot give their decision on respective suit 3) defendant has right to file appeal for decision given by court ,but cannot file suit instituted again for the same allegations