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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. ‘Druva’ and ‘Bhanu’ entered into contract for the sale of machine. ‘Druva’ first filed a suit against ‘Bhanu’ at court in Bombay, demanding recovery of the entire amount paid. Subsequently, ‘Bhanu’ filed a suit against ‘Druva’ at court in Delhi demanding Rs.18, 000 as outstanding balance. In Druva’s suit, ‘Bhanu’ took the defence that since both the suits are on similar issues, Druva’s suit should be stayed. Can Druva succeed in his defence plea?
  • a)
    Yes, it can be stayed as pleaded by Bhanu.
  • b)
    Doctrine of Res Sub-Judice will be in favour of Bhanu as he pleaded the defence.
  • c)
    No, it cannot be stayed.
  • d)
    Doctrine of Res Sub-Judice will be in favour of Bhanu as he is an innocent person.
Correct answer is option 'C'. Can you explain this answer?
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Section 10 of Civil Procedure Code deals with Doctrine of Res Sub-Jud...
Since Druva’s suit is the first suit and the subsequent suit had issues similar to the first suit, it is the subsequent suit that can be stayed.
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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. ‘Adieshwar’ an agent of ‘Sandeep’ at Jaipur agreed to sell Sandeep’s goods in Bangalore. ‘Adieshwar’ the agent files suit for balance of accounts in Bangalore. ‘Sandeep’ sues the agent ‘Adieshwar’ for accounts and his negligence in Jaipur; while case is pending in Bangalore. In this case, stay of suit is applicable to the case in which court?

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. In the absence of Res Sub-Judice what will be the situation in relation to the above passage. Opt the relevant statement given below?

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?

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. In relation to the above passage which of the following statements is correct in the context of the doctrine of Res Sub-Judice?

Directions: Read the following passage and answer the question.Section 10 deals with the doctrine of res sub-judice. 'Res' means 'matter or litigation' and 'sub-judice' means 'pending (under judgement)'. 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.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.'Res judicata' means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.Q. A sues B for the possession of property X based on a sale deed in his favour. B impugns the deed as fictitious. The plea is upheld and the suit is dismissed. A subsequent suit for property Y, on the basis of the same sale deed, is filed by A against B. Is the second suit maintainable?

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. ‘Druva’ and ‘Bhanu’ entered into contract for the sale of machine. ‘Druva’ first filed a suit against ‘Bhanu’ at court in Bombay, demanding recovery of the entire amount paid. Subsequently, ‘Bhanu’ filed a suit against ‘Druva’ at court in Delhi demanding Rs.18, 000 as outstanding balance. In Druva’s suit, ‘Bhanu’ took the defence that since both the suits are on similar issues, Druva’s suit should be stayed. Can Druva succeed in his defence plea? a)Yes, it can be stayed as pleaded by Bhanu.b)Doctrine of Res Sub-Judice will be in favour of Bhanu as he pleaded the defence.c)No, it cannot be stayed.d)Doctrine of Res Sub-Judice will be in favour of Bhanu as he is an innocent person.Correct answer is option 'C'. 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. ‘Druva’ and ‘Bhanu’ entered into contract for the sale of machine. ‘Druva’ first filed a suit against ‘Bhanu’ at court in Bombay, demanding recovery of the entire amount paid. Subsequently, ‘Bhanu’ filed a suit against ‘Druva’ at court in Delhi demanding Rs.18, 000 as outstanding balance. In Druva’s suit, ‘Bhanu’ took the defence that since both the suits are on similar issues, Druva’s suit should be stayed. Can Druva succeed in his defence plea? a)Yes, it can be stayed as pleaded by Bhanu.b)Doctrine of Res Sub-Judice will be in favour of Bhanu as he pleaded the defence.c)No, it cannot be stayed.d)Doctrine of Res Sub-Judice will be in favour of Bhanu as he is an innocent person.Correct answer is option 'C'. 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. ‘Druva’ and ‘Bhanu’ entered into contract for the sale of machine. ‘Druva’ first filed a suit against ‘Bhanu’ at court in Bombay, demanding recovery of the entire amount paid. Subsequently, ‘Bhanu’ filed a suit against ‘Druva’ at court in Delhi demanding Rs.18, 000 as outstanding balance. In Druva’s suit, ‘Bhanu’ took the defence that since both the suits are on similar issues, Druva’s suit should be stayed. Can Druva succeed in his defence plea? a)Yes, it can be stayed as pleaded by Bhanu.b)Doctrine of Res Sub-Judice will be in favour of Bhanu as he pleaded the defence.c)No, it cannot be stayed.d)Doctrine of Res Sub-Judice will be in favour of Bhanu as he is an innocent person.Correct answer is option 'C'. 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. ‘Druva’ and ‘Bhanu’ entered into contract for the sale of machine. ‘Druva’ first filed a suit against ‘Bhanu’ at court in Bombay, demanding recovery of the entire amount paid. Subsequently, ‘Bhanu’ filed a suit against ‘Druva’ at court in Delhi demanding Rs.18, 000 as outstanding balance. In Druva’s suit, ‘Bhanu’ took the defence that since both the suits are on similar issues, Druva’s suit should be stayed. Can Druva succeed in his defence plea? a)Yes, it can be stayed as pleaded by Bhanu.b)Doctrine of Res Sub-Judice will be in favour of Bhanu as he pleaded the defence.c)No, it cannot be stayed.d)Doctrine of Res Sub-Judice will be in favour of Bhanu as he is an innocent person.Correct answer is option 'C'. 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. ‘Druva’ and ‘Bhanu’ entered into contract for the sale of machine. ‘Druva’ first filed a suit against ‘Bhanu’ at court in Bombay, demanding recovery of the entire amount paid. Subsequently, ‘Bhanu’ filed a suit against ‘Druva’ at court in Delhi demanding Rs.18, 000 as outstanding balance. In Druva’s suit, ‘Bhanu’ took the defence that since both the suits are on similar issues, Druva’s suit should be stayed. Can Druva succeed in his defence plea? a)Yes, it can be stayed as pleaded by Bhanu.b)Doctrine of Res Sub-Judice will be in favour of Bhanu as he pleaded the defence.c)No, it cannot be stayed.d)Doctrine of Res Sub-Judice will be in favour of Bhanu as he is an innocent person.Correct answer is option 'C'. 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. ‘Druva’ and ‘Bhanu’ entered into contract for the sale of machine. ‘Druva’ first filed a suit against ‘Bhanu’ at court in Bombay, demanding recovery of the entire amount paid. Subsequently, ‘Bhanu’ filed a suit against ‘Druva’ at court in Delhi demanding Rs.18, 000 as outstanding balance. In Druva’s suit, ‘Bhanu’ took the defence that since both the suits are on similar issues, Druva’s suit should be stayed. Can Druva succeed in his defence plea? a)Yes, it can be stayed as pleaded by Bhanu.b)Doctrine of Res Sub-Judice will be in favour of Bhanu as he pleaded the defence.c)No, it cannot be stayed.d)Doctrine of Res Sub-Judice will be in favour of Bhanu as he is an innocent person.Correct answer is option 'C'. 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. ‘Druva’ and ‘Bhanu’ entered into contract for the sale of machine. ‘Druva’ first filed a suit against ‘Bhanu’ at court in Bombay, demanding recovery of the entire amount paid. Subsequently, ‘Bhanu’ filed a suit against ‘Druva’ at court in Delhi demanding Rs.18, 000 as outstanding balance. In Druva’s suit, ‘Bhanu’ took the defence that since both the suits are on similar issues, Druva’s suit should be stayed. Can Druva succeed in his defence plea? a)Yes, it can be stayed as pleaded by Bhanu.b)Doctrine of Res Sub-Judice will be in favour of Bhanu as he pleaded the defence.c)No, it cannot be stayed.d)Doctrine of Res Sub-Judice will be in favour of Bhanu as he is an innocent person.Correct answer is option 'C'. 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. ‘Druva’ and ‘Bhanu’ entered into contract for the sale of machine. ‘Druva’ first filed a suit against ‘Bhanu’ at court in Bombay, demanding recovery of the entire amount paid. Subsequently, ‘Bhanu’ filed a suit against ‘Druva’ at court in Delhi demanding Rs.18, 000 as outstanding balance. In Druva’s suit, ‘Bhanu’ took the defence that since both the suits are on similar issues, Druva’s suit should be stayed. Can Druva succeed in his defence plea? a)Yes, it can be stayed as pleaded by Bhanu.b)Doctrine of Res Sub-Judice will be in favour of Bhanu as he pleaded the defence.c)No, it cannot be stayed.d)Doctrine of Res Sub-Judice will be in favour of Bhanu as he is an innocent person.Correct answer is option 'C'. 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. ‘Druva’ and ‘Bhanu’ entered into contract for the sale of machine. ‘Druva’ first filed a suit against ‘Bhanu’ at court in Bombay, demanding recovery of the entire amount paid. Subsequently, ‘Bhanu’ filed a suit against ‘Druva’ at court in Delhi demanding Rs.18, 000 as outstanding balance. In Druva’s suit, ‘Bhanu’ took the defence that since both the suits are on similar issues, Druva’s suit should be stayed. Can Druva succeed in his defence plea? a)Yes, it can be stayed as pleaded by Bhanu.b)Doctrine of Res Sub-Judice will be in favour of Bhanu as he pleaded the defence.c)No, it cannot be stayed.d)Doctrine of Res Sub-Judice will be in favour of Bhanu as he is an innocent person.Correct answer is option 'C'. 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. ‘Druva’ and ‘Bhanu’ entered into contract for the sale of machine. ‘Druva’ first filed a suit against ‘Bhanu’ at court in Bombay, demanding recovery of the entire amount paid. Subsequently, ‘Bhanu’ filed a suit against ‘Druva’ at court in Delhi demanding Rs.18, 000 as outstanding balance. In Druva’s suit, ‘Bhanu’ took the defence that since both the suits are on similar issues, Druva’s suit should be stayed. Can Druva succeed in his defence plea? a)Yes, it can be stayed as pleaded by Bhanu.b)Doctrine of Res Sub-Judice will be in favour of Bhanu as he pleaded the defence.c)No, it cannot be stayed.d)Doctrine of Res Sub-Judice will be in favour of Bhanu as he is an innocent person.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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