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Assume the other conditions of section 10 of the Code of Civil Procedure, 1908, would be satisfied. In…

Section 10 regulates trial of a later suit when the specified earlier suit is pending. Its Explanation says that pendency in a foreign court does not preclude an Indian…

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Assume the other conditions of section 10 of the Code of Civil Procedure, 1908, would be satisfied. In which court does pendency of the earlier suit fail to bar trial of the later suit in India?

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Answer and explanation

Correct answer B

Section 10 regulates trial of a later suit when the specified earlier suit is pending. Its Explanation says that pendency in a foreign court does not preclude an Indian court from trying a suit founded on the same cause of action.

Option feedback

Option A

The same court is among the courts listed in section 10.

Option B

The Explanation permits trial in India despite pendency in a foreign court.

Option C

Another competent court in India is among the courts listed in section 10.

Option D

The main provision separately covers a qualifying court outside India established or continued by the Central Government.

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