Question

Section 10 of Code of Civil Procedure, bars not only the trial of subsequent suit, but also the institution of subsequent suit. This statement is:

Section 10 of Code of Civil Procedure, bars not only the trial of subsequent suit, but also the institution of subsequent suit. This statement is:

.

Option A: Partly true
Option B: Untrue
Option C: True
Option D: None of the above

Correct Answer

Option: b

Explanation

Section 10 of the Code of Civil Procedure: Stay of suit-No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India have jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court. Explanation. The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action.

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THE INDIAN EVIDENCE ACT, 1872 (PAPER – 10 Q. NO. 361 TO 400)

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THE HIMACHAL PRADESH COURTS ACT, 1976 (PAPER 01 Q. NO. 1 TO 23)

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