Question

    Under the CPC, 1908, the doctrine of "Res Sub-Judice"

    (Section 10) prevents:
    A A court from proceeding with the trial of a suit where the matter is already pending Correct Answer Incorrect Answer
    B The filing of multiple suits against different defendants for the same cause of action Correct Answer Incorrect Answer
    C The filing of a statutory appeal after a final decree has been passed Correct Answer Incorrect Answer
    D The initiation of a criminal prosecution during the pendency of a civil suit Correct Answer Incorrect Answer
    E The parties from entering into an out-of-court settlement during the trial Correct Answer Incorrect Answer

    Solution

    Section 10 of CPC, 1908, provides that no court shall try any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties pending in court of concurrent jurisdiction. This prevents multiplicity of proceedings, conflicting judgments, and harassment to parties.

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