4.
The answer is: C
Explanation
The correct option is C. The pendency of a suit in a foreign court does not preclude the courts in India from trying a similar suit even if it is founded on the same cause of action.
This is according to the explanation given in Section 10 of the Code of Civil Procedure, 1908, which deals with the rule of res sub judice. Res sub judice means 'under judgment' and it is a principle that prevents courts of concurrent jurisdiction from simultaneously adjudicating upon two parallel litigations in respect of the same cause of action, the same subject matter and the same relief. However, this principle only applies to suits pending in the same or any other court in India, or in any court beyond the limits of India established or constituted by the Central Government and having like jurisdiction, or before the Supreme Court. The pendency of a suit in a foreign court that is not established or constituted by the Central Government does not affect the jurisdiction of the courts in India to try a suit founded on the same cause of action.
The reason for this exception is that the judgments of foreign courts are not conclusive in India and they can only be enforced by filing a new suit in an Indian court within three years from the date of the judgment. Therefore, the courts in India are not bound by the decisions of foreign courts and they can independently decide the merits of the case based on the evidence and law applicable in India.