All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

The correct option is A: Section 10 of CPC.

This is because the principle of res sub judice is provided in section 10 of the Code of Civil Procedure, 1908, which states:

"10. Stay of suit.- 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, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.

This section aims to prevent multiplicity of suits and conflicting decisions on the same matter by different courts. It applies when there are two suits involving the same parties and the same subject matter, and one of them is previously instituted in a competent court. In such a case, the court where the subsequent suit is filed shall stay the proceedings until the disposal of the previous suit.

Option B is incorrect as section 11 of CPC provides for the principle of res judicata, which means that a matter that has been finally decided by a competent court cannot be reopened or re-agitated in a subsequent suit.

Option C is incorrect as section 13 of CPC provides for the conditions under which a foreign judgment is conclusive or not.

Option D is incorrect as section 14 of CPC provides for the presumption in favour of foreign judgments.