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Which of these are necessary conditions for staying trial of a later suit under section 10 of the Code…

Section 10 of the Code of Civil Procedure, 1908 stays trial of the later suit when the statutory conditions are met. Those conditions include the same matter directly and…

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Which of these are necessary conditions for staying trial of a later suit under section 10 of the Code of Civil Procedure, 1908?

I. The same matter is directly and substantially in issue in the earlier and later suits.

II. The relevant parties litigate under the same title in both suits.

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Answer and explanation

Correct answer C

Section 10 of the Code of Civil Procedure, 1908 stays trial of the later suit when the statutory conditions are met. Those conditions include the same matter directly and substantially in issue, the relevant parties litigating under the same title, and an earlier suit pending before a competent court as specified by the section.

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Option A

Identity of the matter directly and substantially in issue is required, as is litigation under the same title.

Option B

Litigation under the same title is required, as is identity of the matter directly and substantially in issue.

Option C

Both the directly and substantially common matter and litigation under the same title are necessary. Section 10 also addresses party identity or privity, pendency and court competence.

Option D

Both conditions are necessary for section 10 to apply.

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