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    Question

    When is a court prohibited from proceeding with the

    trial of a suit?
    A If the matter in issue is already decided in a previously instituted suit between different parties Correct Answer Incorrect Answer
    B If the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties or parties claiming under the same title, pending in a competent court Correct Answer Incorrect Answer
    C If the matter in issue involves multiple claims from unrelated parties in different courts Correct Answer Incorrect Answer
    D If a previously instituted suit was filed in a foreign jurisdiction not recognized by Indian law Correct Answer Incorrect Answer
    E If the suit involves multiple defendants and any one of them has filed a counterclaim in another court Correct Answer Incorrect Answer

    Solution

    Explanation: CPC Section 10. Stay of suit: 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]  have 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].Explanation.--The pendency of a suit in a foreign Court does not preclude the Courts in 1[India] from trying a suit founded on the same cause of action

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