AIBE XVI — October 2021 — Q.34 (Code of Civil Procedure, 1908)

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Q.34

Code of Civil Procedure (CPC) Medium Act + Section Given

Bare Act Code of Civil Procedure, 1908 · Section 10

Provisions of Section 10 of CPC are:

A Directory

✓ Mandatory Answer

C None-Mandatory

D Discretionary

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Explanation & Strategy

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Section 10 CPC embodies the principle of 'stay of suit' — where a previously instituted suit is pending between the same parties on the same matter in a court competent to grant the relief, the later suit is stayed. This prevents parallel proceedings and conflicting decisions.

1 Pick up CPC.
2 Go to Section 10 — Stay of suit.
3 Read: later suit stayed if earlier suit pending between same parties on same matter.

At a Glance

Subject Code of Civil Procedure (CPC)

Difficulty Medium

Act Code of Civil Procedure, 1908

Section Section 10

Answer (B) Act + Section Given

Paper AIBE XVI — October 2021

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