Q.5 Discuss the provision of Civil Procedure Code, 1908 which prevents multiplicity of suits in respect ofsame cause of action.

The Civil Procedure Code, 1908 (CPC) is a procedural law related to the administration of civil proceedings in India. The code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India.

The provision that prevents multiplicity of suits in respect of the same cause of action is embodied in Section 10 and Section 11 of the CPC.

Section 10 of the CPC, titled "Stay of Suit", provides 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, 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.

Section 11 of the CPC, titled "Res Judicata", provides that no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court.

These provisions are designed to prevent the abuse of court process by preventing parties from repeatedly bringing suits on the same cause of action. They ensure that once a matter has been adjudicated upon, it should not be re-agitated again and again in subsequent proceedings. This not only saves the time and resources of the courts but also protects the parties from being vexed twice over the same cause.