Rajasthan Judiciary Pre 2011

Under section 10, Code of Civil Procedure, 1908, a court during pendency of a suit before it

Verified Answer
A. can entertain and try second suit
B. cannot entertain and proceed to try second unit
C. shall not proceed to try though may entertain second unit
D. neither can entertain nor shall proceed for second suit

Explanation:

Section 10 of the Code of Civil Procedure, 1908, deals with the doctrine of 'Res Sub Judice' (stay of suit). It states 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. However, it does not bar the court from entertaining the suit; it only bars the court from proceeding with the trial.