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Section 10 of Civil Procedure Code deals with Doctrine of Res Sub-Judice. ‘Res’ means matter or litigation and Sub-Judice means pending (under judgment). Conjoining the two, it implies that the rule of Res Sub-Judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication.
Section 10 of CPC deals with the stay of civil suits. Section 10 of Civil Procedure Code defines “ Stay of Suit: as- 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. In simple words Section 10 declares that no Court should proceed with the trial of any suit in which the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and the Court before which the previously instituted suit is pending is competent to grant the relief sought.
The Rule applies to trial of a suit and not the institution thereof. It also does not preclude a Court from passing interim orders, such as, grant of injunction or stay, appointment of receiver. It, however, applies to appeals and revisions. The object of the rule contained in Section 10 is to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of the same cause of action, the same subject-matter and the same relief. The provisions of Section 10 of the code do not strictly apply, a civil court has inherent power under Section 151 of the code to stay a suit to achieve the ends of justice. Similarly, a Court has inherent power to consolidate different suits between the same parties in which the matter in issue is substantially the same. Section 10 also provides that there is no bar on the power of an Indian Court to try a subsequently instituted suit if the previously instituted suit is pending in a foreign Court.
Q. Which of the following statements is false in relation to the above passage in order to apply doctrine of Res Sub-Judice?
  • a)
    The Court in which the previous suit is instituted must have jurisdiction to grant the relief claimed in the subsequent suit.
  • b)
    The matter in issue in the subsequent suit must be different in issue in relation to the previous suit.
  • c)
    Both the suits must be between the same parties or their representatives.
  • d)
    The previously instituted suit must be pending in the same court in which the subsequent suit is brought or in any other court in India or in any court established or continued by the central Government or before the Supreme Court.
Correct answer is option 'B'. Can you explain this answer?
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Section 10 of Civil Procedure Code deals with Doctrine of Res Sub-Jud...
Doctrine of Res Sub-Judice applies when the matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit.
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Section 10 of Civil Procedure Code deals with Doctrine of Res Sub-Judice. ‘Res’ means matter or litigation and Sub-Judice means pending (under judgment). Conjoining the two, it implies that the rule of Res Sub-Judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication.Section 10 of CPC deals with the stay of civil suits. Section 10 of Civil Procedure Code defines “ Stay of Suit: as- 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. In simple words Section 10 declares that no Court should proceed with the trial of any suit in which the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and the Court before which the previously instituted suit is pending is competent to grant the relief sought.The Rule applies to trial of a suit and not the institution thereof. It also does not preclude a Court from passing interim orders, such as, grant of injunction or stay, appointment of receiver. It, however, applies to appeals and revisions. The object of the rule contained in Section 10 is to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of the same cause of action, the same subject-matter and the same relief. The provisions of Section 10 of the code do not strictly apply, a civil court has inherent power under Section 151 of the code to stay a suit to achieve the ends of justice. Similarly, a Court has inherent power to consolidate different suits between the same parties in which the matter in issue is substantially the same. Section 10 also provides that there is no bar on the power of an Indian Court to try a subsequently instituted suit if the previously instituted suit is pending in a foreign Court.Q. Which of the following statements is false in relation to the above passage in order to apply doctrine of Res Sub-Judice?a)The Court in which the previous suit is instituted must have jurisdiction to grant the relief claimed in the subsequent suit.b)The matter in issue in the subsequent suit must be different in issue in relation to the previous suit.c)Both the suits must be between the same parties or their representatives.d)The previously instituted suit must be pending in the same court in which the subsequent suit is brought or in any other court in India or in any court established or continued by the central Government or before the Supreme Court.Correct answer is option 'B'. Can you explain this answer?
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Section 10 of Civil Procedure Code deals with Doctrine of Res Sub-Judice. ‘Res’ means matter or litigation and Sub-Judice means pending (under judgment). Conjoining the two, it implies that the rule of Res Sub-Judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication.Section 10 of CPC deals with the stay of civil suits. Section 10 of Civil Procedure Code defines “ Stay of Suit: as- 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. In simple words Section 10 declares that no Court should proceed with the trial of any suit in which the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and the Court before which the previously instituted suit is pending is competent to grant the relief sought.The Rule applies to trial of a suit and not the institution thereof. It also does not preclude a Court from passing interim orders, such as, grant of injunction or stay, appointment of receiver. It, however, applies to appeals and revisions. The object of the rule contained in Section 10 is to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of the same cause of action, the same subject-matter and the same relief. The provisions of Section 10 of the code do not strictly apply, a civil court has inherent power under Section 151 of the code to stay a suit to achieve the ends of justice. Similarly, a Court has inherent power to consolidate different suits between the same parties in which the matter in issue is substantially the same. Section 10 also provides that there is no bar on the power of an Indian Court to try a subsequently instituted suit if the previously instituted suit is pending in a foreign Court.Q. Which of the following statements is false in relation to the above passage in order to apply doctrine of Res Sub-Judice?a)The Court in which the previous suit is instituted must have jurisdiction to grant the relief claimed in the subsequent suit.b)The matter in issue in the subsequent suit must be different in issue in relation to the previous suit.c)Both the suits must be between the same parties or their representatives.d)The previously instituted suit must be pending in the same court in which the subsequent suit is brought or in any other court in India or in any court established or continued by the central Government or before the Supreme Court.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Section 10 of Civil Procedure Code deals with Doctrine of Res Sub-Judice. ‘Res’ means matter or litigation and Sub-Judice means pending (under judgment). Conjoining the two, it implies that the rule of Res Sub-Judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication.Section 10 of CPC deals with the stay of civil suits. Section 10 of Civil Procedure Code defines “ Stay of Suit: as- 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. In simple words Section 10 declares that no Court should proceed with the trial of any suit in which the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and the Court before which the previously instituted suit is pending is competent to grant the relief sought.The Rule applies to trial of a suit and not the institution thereof. It also does not preclude a Court from passing interim orders, such as, grant of injunction or stay, appointment of receiver. It, however, applies to appeals and revisions. The object of the rule contained in Section 10 is to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of the same cause of action, the same subject-matter and the same relief. The provisions of Section 10 of the code do not strictly apply, a civil court has inherent power under Section 151 of the code to stay a suit to achieve the ends of justice. Similarly, a Court has inherent power to consolidate different suits between the same parties in which the matter in issue is substantially the same. Section 10 also provides that there is no bar on the power of an Indian Court to try a subsequently instituted suit if the previously instituted suit is pending in a foreign Court.Q. Which of the following statements is false in relation to the above passage in order to apply doctrine of Res Sub-Judice?a)The Court in which the previous suit is instituted must have jurisdiction to grant the relief claimed in the subsequent suit.b)The matter in issue in the subsequent suit must be different in issue in relation to the previous suit.c)Both the suits must be between the same parties or their representatives.d)The previously instituted suit must be pending in the same court in which the subsequent suit is brought or in any other court in India or in any court established or continued by the central Government or before the Supreme Court.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Section 10 of Civil Procedure Code deals with Doctrine of Res Sub-Judice. ‘Res’ means matter or litigation and Sub-Judice means pending (under judgment). Conjoining the two, it implies that the rule of Res Sub-Judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication.Section 10 of CPC deals with the stay of civil suits. Section 10 of Civil Procedure Code defines “ Stay of Suit: as- 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. In simple words Section 10 declares that no Court should proceed with the trial of any suit in which the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and the Court before which the previously instituted suit is pending is competent to grant the relief sought.The Rule applies to trial of a suit and not the institution thereof. It also does not preclude a Court from passing interim orders, such as, grant of injunction or stay, appointment of receiver. It, however, applies to appeals and revisions. The object of the rule contained in Section 10 is to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of the same cause of action, the same subject-matter and the same relief. The provisions of Section 10 of the code do not strictly apply, a civil court has inherent power under Section 151 of the code to stay a suit to achieve the ends of justice. Similarly, a Court has inherent power to consolidate different suits between the same parties in which the matter in issue is substantially the same. Section 10 also provides that there is no bar on the power of an Indian Court to try a subsequently instituted suit if the previously instituted suit is pending in a foreign Court.Q. Which of the following statements is false in relation to the above passage in order to apply doctrine of Res Sub-Judice?a)The Court in which the previous suit is instituted must have jurisdiction to grant the relief claimed in the subsequent suit.b)The matter in issue in the subsequent suit must be different in issue in relation to the previous suit.c)Both the suits must be between the same parties or their representatives.d)The previously instituted suit must be pending in the same court in which the subsequent suit is brought or in any other court in India or in any court established or continued by the central Government or before the Supreme Court.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Section 10 of Civil Procedure Code deals with Doctrine of Res Sub-Judice. ‘Res’ means matter or litigation and Sub-Judice means pending (under judgment). Conjoining the two, it implies that the rule of Res Sub-Judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication.Section 10 of CPC deals with the stay of civil suits. Section 10 of Civil Procedure Code defines “ Stay of Suit: as- 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. In simple words Section 10 declares that no Court should proceed with the trial of any suit in which the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and the Court before which the previously instituted suit is pending is competent to grant the relief sought.The Rule applies to trial of a suit and not the institution thereof. It also does not preclude a Court from passing interim orders, such as, grant of injunction or stay, appointment of receiver. It, however, applies to appeals and revisions. The object of the rule contained in Section 10 is to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of the same cause of action, the same subject-matter and the same relief. The provisions of Section 10 of the code do not strictly apply, a civil court has inherent power under Section 151 of the code to stay a suit to achieve the ends of justice. Similarly, a Court has inherent power to consolidate different suits between the same parties in which the matter in issue is substantially the same. Section 10 also provides that there is no bar on the power of an Indian Court to try a subsequently instituted suit if the previously instituted suit is pending in a foreign Court.Q. Which of the following statements is false in relation to the above passage in order to apply doctrine of Res Sub-Judice?a)The Court in which the previous suit is instituted must have jurisdiction to grant the relief claimed in the subsequent suit.b)The matter in issue in the subsequent suit must be different in issue in relation to the previous suit.c)Both the suits must be between the same parties or their representatives.d)The previously instituted suit must be pending in the same court in which the subsequent suit is brought or in any other court in India or in any court established or continued by the central Government or before the Supreme Court.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Section 10 of Civil Procedure Code deals with Doctrine of Res Sub-Judice. ‘Res’ means matter or litigation and Sub-Judice means pending (under judgment). Conjoining the two, it implies that the rule of Res Sub-Judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication.Section 10 of CPC deals with the stay of civil suits. Section 10 of Civil Procedure Code defines “ Stay of Suit: as- 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. In simple words Section 10 declares that no Court should proceed with the trial of any suit in which the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and the Court before which the previously instituted suit is pending is competent to grant the relief sought.The Rule applies to trial of a suit and not the institution thereof. It also does not preclude a Court from passing interim orders, such as, grant of injunction or stay, appointment of receiver. It, however, applies to appeals and revisions. The object of the rule contained in Section 10 is to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of the same cause of action, the same subject-matter and the same relief. The provisions of Section 10 of the code do not strictly apply, a civil court has inherent power under Section 151 of the code to stay a suit to achieve the ends of justice. Similarly, a Court has inherent power to consolidate different suits between the same parties in which the matter in issue is substantially the same. Section 10 also provides that there is no bar on the power of an Indian Court to try a subsequently instituted suit if the previously instituted suit is pending in a foreign Court.Q. Which of the following statements is false in relation to the above passage in order to apply doctrine of Res Sub-Judice?a)The Court in which the previous suit is instituted must have jurisdiction to grant the relief claimed in the subsequent suit.b)The matter in issue in the subsequent suit must be different in issue in relation to the previous suit.c)Both the suits must be between the same parties or their representatives.d)The previously instituted suit must be pending in the same court in which the subsequent suit is brought or in any other court in India or in any court established or continued by the central Government or before the Supreme Court.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Section 10 of Civil Procedure Code deals with Doctrine of Res Sub-Judice. ‘Res’ means matter or litigation and Sub-Judice means pending (under judgment). Conjoining the two, it implies that the rule of Res Sub-Judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication.Section 10 of CPC deals with the stay of civil suits. Section 10 of Civil Procedure Code defines “ Stay of Suit: as- 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. In simple words Section 10 declares that no Court should proceed with the trial of any suit in which the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and the Court before which the previously instituted suit is pending is competent to grant the relief sought.The Rule applies to trial of a suit and not the institution thereof. It also does not preclude a Court from passing interim orders, such as, grant of injunction or stay, appointment of receiver. It, however, applies to appeals and revisions. The object of the rule contained in Section 10 is to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of the same cause of action, the same subject-matter and the same relief. The provisions of Section 10 of the code do not strictly apply, a civil court has inherent power under Section 151 of the code to stay a suit to achieve the ends of justice. Similarly, a Court has inherent power to consolidate different suits between the same parties in which the matter in issue is substantially the same. Section 10 also provides that there is no bar on the power of an Indian Court to try a subsequently instituted suit if the previously instituted suit is pending in a foreign Court.Q. Which of the following statements is false in relation to the above passage in order to apply doctrine of Res Sub-Judice?a)The Court in which the previous suit is instituted must have jurisdiction to grant the relief claimed in the subsequent suit.b)The matter in issue in the subsequent suit must be different in issue in relation to the previous suit.c)Both the suits must be between the same parties or their representatives.d)The previously instituted suit must be pending in the same court in which the subsequent suit is brought or in any other court in India or in any court established or continued by the central Government or before the Supreme Court.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Section 10 of Civil Procedure Code deals with Doctrine of Res Sub-Judice. ‘Res’ means matter or litigation and Sub-Judice means pending (under judgment). Conjoining the two, it implies that the rule of Res Sub-Judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication.Section 10 of CPC deals with the stay of civil suits. Section 10 of Civil Procedure Code defines “ Stay of Suit: as- 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. In simple words Section 10 declares that no Court should proceed with the trial of any suit in which the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and the Court before which the previously instituted suit is pending is competent to grant the relief sought.The Rule applies to trial of a suit and not the institution thereof. It also does not preclude a Court from passing interim orders, such as, grant of injunction or stay, appointment of receiver. It, however, applies to appeals and revisions. The object of the rule contained in Section 10 is to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of the same cause of action, the same subject-matter and the same relief. The provisions of Section 10 of the code do not strictly apply, a civil court has inherent power under Section 151 of the code to stay a suit to achieve the ends of justice. Similarly, a Court has inherent power to consolidate different suits between the same parties in which the matter in issue is substantially the same. Section 10 also provides that there is no bar on the power of an Indian Court to try a subsequently instituted suit if the previously instituted suit is pending in a foreign Court.Q. Which of the following statements is false in relation to the above passage in order to apply doctrine of Res Sub-Judice?a)The Court in which the previous suit is instituted must have jurisdiction to grant the relief claimed in the subsequent suit.b)The matter in issue in the subsequent suit must be different in issue in relation to the previous suit.c)Both the suits must be between the same parties or their representatives.d)The previously instituted suit must be pending in the same court in which the subsequent suit is brought or in any other court in India or in any court established or continued by the central Government or before the Supreme Court.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Section 10 of Civil Procedure Code deals with Doctrine of Res Sub-Judice. ‘Res’ means matter or litigation and Sub-Judice means pending (under judgment). Conjoining the two, it implies that the rule of Res Sub-Judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication.Section 10 of CPC deals with the stay of civil suits. Section 10 of Civil Procedure Code defines “ Stay of Suit: as- 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. In simple words Section 10 declares that no Court should proceed with the trial of any suit in which the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and the Court before which the previously instituted suit is pending is competent to grant the relief sought.The Rule applies to trial of a suit and not the institution thereof. It also does not preclude a Court from passing interim orders, such as, grant of injunction or stay, appointment of receiver. It, however, applies to appeals and revisions. The object of the rule contained in Section 10 is to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of the same cause of action, the same subject-matter and the same relief. The provisions of Section 10 of the code do not strictly apply, a civil court has inherent power under Section 151 of the code to stay a suit to achieve the ends of justice. Similarly, a Court has inherent power to consolidate different suits between the same parties in which the matter in issue is substantially the same. Section 10 also provides that there is no bar on the power of an Indian Court to try a subsequently instituted suit if the previously instituted suit is pending in a foreign Court.Q. Which of the following statements is false in relation to the above passage in order to apply doctrine of Res Sub-Judice?a)The Court in which the previous suit is instituted must have jurisdiction to grant the relief claimed in the subsequent suit.b)The matter in issue in the subsequent suit must be different in issue in relation to the previous suit.c)Both the suits must be between the same parties or their representatives.d)The previously instituted suit must be pending in the same court in which the subsequent suit is brought or in any other court in India or in any court established or continued by the central Government or before the Supreme Court.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Section 10 of Civil Procedure Code deals with Doctrine of Res Sub-Judice. ‘Res’ means matter or litigation and Sub-Judice means pending (under judgment). Conjoining the two, it implies that the rule of Res Sub-Judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication.Section 10 of CPC deals with the stay of civil suits. Section 10 of Civil Procedure Code defines “ Stay of Suit: as- 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. In simple words Section 10 declares that no Court should proceed with the trial of any suit in which the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and the Court before which the previously instituted suit is pending is competent to grant the relief sought.The Rule applies to trial of a suit and not the institution thereof. It also does not preclude a Court from passing interim orders, such as, grant of injunction or stay, appointment of receiver. It, however, applies to appeals and revisions. The object of the rule contained in Section 10 is to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of the same cause of action, the same subject-matter and the same relief. The provisions of Section 10 of the code do not strictly apply, a civil court has inherent power under Section 151 of the code to stay a suit to achieve the ends of justice. Similarly, a Court has inherent power to consolidate different suits between the same parties in which the matter in issue is substantially the same. Section 10 also provides that there is no bar on the power of an Indian Court to try a subsequently instituted suit if the previously instituted suit is pending in a foreign Court.Q. Which of the following statements is false in relation to the above passage in order to apply doctrine of Res Sub-Judice?a)The Court in which the previous suit is instituted must have jurisdiction to grant the relief claimed in the subsequent suit.b)The matter in issue in the subsequent suit must be different in issue in relation to the previous suit.c)Both the suits must be between the same parties or their representatives.d)The previously instituted suit must be pending in the same court in which the subsequent suit is brought or in any other court in India or in any court established or continued by the central Government or before the Supreme Court.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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