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Section 10 of the Civil Procedure Code, 1908 embodies the doctrine of 'res sub judice'. What does Section 10 provide, and what is its purpose?
Answer & Solution
Correct answer: A.
1. **Section 10** provides: '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) having 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.'
2. 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.
3. The purpose: **to prevent Courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of the same matter in issue, and to avoid conflict of decision**.
4. The ICSI in-line question box confirms: 'Which section provides for Stay of Suits? Answer: (B) Section 10.'
_Source: ICSI CS Executive — Lesson 8, 'Stay of Suit (Doctrine of Res Sub Judice)' + question box, pp. 178-179._
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