Correct option is B
Section 10 of the Civil Procedure Code (CPC), 1908, deals with the
stay of suits to avoid multiple lawsuits on the same subject matter between the same parties. It prevents the Court from trying a suit that is already pending in another Court within India. However, Section 10 does not apply when the previous suit is pending in a foreign Court. This means if there is a similar case pending outside India, Section 10 does not bar the Indian Court from proceeding with the trial.
Information Booster: The principle behind Section 10 is to avoid duplicity of trials and contradictory judgments within Indian Courts. However, cases pending in foreign Courts are treated differently, allowing Indian Courts to proceed independently, as foreign judgments are not always enforceable in India.
Additional Information:
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(a) In the same Court: Incorrect because Section 10 applies when the previous suit is pending in any Court in India, including the same Court.
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(c) In the Court outside India established or carried on: Incorrect because this option also refers to Courts outside India, which are excluded from Section 10's applicability.
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(d) In any other Court in India: Incorrect because Section 10 explicitly applies when the previous suit is pending in any Court in India.
