Question

Section 10 of the CPC provides for

• A. Stay of the suit
• B. Summoning witness
• C. Examination of witness
• D. Sentencing the judgement

Hint:

Do not confuse Section 10 (Res Sub Judice - stay of suit) with Section 11 (Res Judicata - bar on a subsequent suit). Res Sub Judice applies when a matter is pending, while Res Judicata applies when a matter has been finally decided.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks about the subject matter of Section 10 of the Code of Civil Procedure, 1908 (CPC).

Step 2: Key Legal Provision:
Section 10 of the CPC is titled "Stay of suit." This section embodies the principle of res sub judice.

Step 3: Detailed Explanation:
Section 10 of the CPC provides that 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.
In simple terms, its purpose is to prevent courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of the same matter in issue. This is done by staying the trial of the subsequently filed suit. Therefore, Section 10 provides for the Stay of the suit.
The other options are dealt with in different parts of the CPC (e.g., summoning and examination of witnesses are in the Orders).

Step 4: Final Answer:
Section 10 of the CPC provides for the stay of a suit, also known as the doctrine of res sub judice.