KSLU Solved Question Papers
Civil Procedure Code and Limitation Act
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 9
2020 Nov Examination
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Mumbai
B.A. LL.B. (Five Years) Sem 9 Civil Procedure Code and Limitation Act 2020 Nov Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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Contents
The questions below are the paper as Karnataka State Law University set it at the 2020 Nov examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2020 Nov examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 13 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1Explain the doctrine of res subjudice.[16]
Answer
For full marks, cover: meaning of res sub judice; its object (the three mischiefs it prevents); the provision (section 10) and its scope (suits, courts in India, the Supreme Court, the Explanation on foreign courts); the conditions, each explained with an example; the test of identity (Aspi Jal, NIMHANS); the nature of the bar (mandatory, on the later suit only, Manohar Lal Chopra); what is barred and what is not (trial, not filing or interim orders; summary suits, Indian Bank); the effect of a decree passed in breach (Pukhraj D. Jain); other ways to avoid parallel trials (consolidation, inherent power); res sub judice compared with res judicata.
Meaning
Res sub judice means "a matter under judgment". A dispute between two parties may already be pending before a court. The doctrine says that a second court should not try the same dispute between them at the same time. The later suit waits for the earlier one. It is laid down in section 10 of the Code of Civil Procedure 1908.
Object
The doctrine prevents three things:
- Two courts doing the same work. Judicial time is limited, and a matter should be tried once.
- Harassment of the defendant. He should not have to defend the same claim in two places.
- Conflicting decisions. Two courts could decide the same issue differently, leaving the parties with contradictory decrees.
It works before a decision, while both suits are pending. Res judicata under section 11 does the same work after a decision.
The provision and its scope
Section 10 says: "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". The earlier suit must be between the same parties, or those under whom they claim, litigating under the same title. It may be pending in the same court or another court in India having jurisdiction to grant the relief claimed. It may also be pending before the Supreme Court, or a court outside India established by the Central Government with like jurisdiction.
Foreign courts. Under the Explanation, a suit pending in a foreign court is no bar. An Indian court may try a suit on the same cause of action. Each country's courts may proceed, and the effect of the foreign decision is decided later under section 13.
The conditions
1. Two suits, one instituted earlier. The bar falls on the later suit. A suit is instituted when the plaint is presented.
2. The earlier suit is still pending. If it has been decided, section 10 no longer applies and the question becomes one of res judicata.
3. The matter in issue is directly and substantially the same. It is not enough that one issue overlaps. Suppose a tenant sues for a declaration that he is a tenant. The landlord later sues to evict him, saying he is a trespasser. The central issue, the tenancy, is the same in both.
4. The same parties, or parties claiming under them. A buyer from a party, or an heir, counts as the same party.
5. The same title. The parties must litigate in the same capacity. A person who sues in one suit as trustee, and in another in his own right, does not litigate under the same title.
6. The earlier court can grant the relief claimed in the later suit. If the earlier court cannot grant that relief, for want of pecuniary or subject-matter jurisdiction, the later suit is not stayed.
The test of identity
In Aspi Jal v. Khushroo Rustom Dadyburjor, (2013) 4 SCC 333, a landlord filed successive eviction suits, each alleging the tenant's non-use of the premises for a different period. The Supreme Court held on 5 April 2013 that the matter in issue must be directly and substantially the same. The test is whether a decision in the earlier suit would operate as res judicata in the later. Each period of non-use was a separate cause of action, so no stay was granted.
In National Institute of Mental Health and Neuro Sciences v. C. Parameshwara, (2005) 2 SCC 256, a dismissed pharmacist had a civil suit and labour proceedings running together, and a stay was sought. The Supreme Court held on 13 December 2004 that section 10 applies only where the whole subject matter in both is identical. It also held that the section speaks of suits in civil courts, so labour court proceedings were outside it. Section 151 could not be used to get round section 10.
The nature of the bar
In Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal, AIR 1962 SC 527, M sued H at Asansol. H then sued M at Indore, and the Indore court restrained M from going on with the Asansol suit. The Supreme Court set this aside on 16 November 1961. It called section 10 "clear, definite and mandatory". It is the later suit, at Indore, that must be stayed, never the earlier one.
What is barred and what is not
- Only the trial is barred. The later suit may be filed and registered, and summons issued.
- Interim orders are not barred. The court of the later suit may still grant a temporary injunction, appoint a receiver or attach property, because these are not the "trial".
- Summary suits. In Indian Bank v. Maharashtra State Cooperative Marketing Federation Ltd., (1998) 5 SCC 69, a dispute over a letter of credit of about Rs 3.78 crore was brought as a summary suit under Order XXXVII. The Supreme Court held on 5 May 1998 that section 10 does not apply to summary suits. Applying it would defeat the object of the summary procedure.
How the stay is obtained
- The application. The defendant in the later suit usually applies for a stay, filing copies of the plaint and written statement in the earlier suit.
- The comparison. The court compares the pleadings of the two suits. It asks whether a decision in the earlier suit would settle the matter in issue in the later one.
- The court's own duty. The words "No Court shall proceed" are addressed to the court. So it must stay the trial once it sees the conditions are met, even without an application.
- How long the stay lasts. The later suit stays on the file until the earlier suit is decided. It may then go on, or may be barred by res judicata under section 11.
A decree passed in breach of section 10
In Pukhraj D. Jain v. G. Gopalakrishna, (2004) 7 SCC 251, a stay was sought under section 10 in a later suit. The Supreme Court held on 16 April 2004 that section 10 is a rule of procedure. A decree passed in breach of it is not a nullity, so it cannot simply be ignored as void.
Other ways to avoid parallel trials
- Consolidation. The conditions of section 10 may not be fully met. A court may still consolidate connected suits and try them together, under its inherent power in section 151.
- Transfer. A party may apply under section 24 to have the suits brought before one court.
- Inherent power, used with care. In Manohar Lal Chopra, the Court held that section 151 allows orders the Code does not provide for, such as an injunction. It may be used only in very exceptional cases, and never against the Code's express scheme. NIMHANS adds that section 151 cannot be used to get round section 10.
Res sub judice and res judicata compared
| Point | Res sub judice | Res judicata |
|---|---|---|
| Provision | Section 10 | Section 11 |
| Stage | Earlier suit pending | Earlier suit decided |
| Effect | Trial of the later suit stayed | Later suit or issue barred |
| Test of identity | Matter in issue the same | Matter directly and substantially in issue, heard and finally decided |
| Foreign courts | Pendency abroad is no bar | Foreign judgments governed by section 13 |
Conclusion. Res sub judice stops a court from trying a later suit while an earlier suit on the same matter is pending. The parties and their title must be the same. The earlier court must be competent to grant the relief claimed. Its object is to prevent duplicate trials, harassment and conflicting decrees. The bar is mandatory and falls on the later suit, as Manohar Lal Chopra holds. It applies only where the matter in issue is truly identical, as Aspi Jal and NIMHANS explain. It stops only the trial and does not touch summary suits, as Indian Bank holds. A decree in breach is not void, as Pukhraj D. Jain holds.
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