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Section 10 – Civil Procedure Code 1908

Civil Procedure Code 1908

 

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 1[India] having jurisdiction to grant the relief claimed, or in any Court beyond the limits of 1[India] established or continued by 2[the Central Government] 3[***] and having like jurisdiction, or before 4[the Supreme Court].

 

Explanation- The pendency of a suit in a foreign Court does not preclude the Courts in 1[India] from trying a suit founded on the same cause of action.

 

COMMENTS

 

(i) The language of section 10 suggests that it is referable to a suit instituted in the civil court and it cannot apply to proceedings of other nature instituted under any other statute; National Institute of Mental Health and Neuro-Sciences v. C. Parmeshwara, AIR 2005 SC 242.

 

(ii) Two suits—Between same parties—Involving same subject‑matter and same questions—Held, subsequent suit should be stayed; Radhika Konel Parekh v. Konel Parekh, AIR 1993 Mad 90: (1993) LW 159: (1993) 1 Mad LJ 163.

 

 

1. Subs. by Act 2 of 1951, sec. 3, for “the States” (w.e.f. 1-4-1951)

2. Subs. by A.O. 1937, for “the G.G. in C.”

3. The words “or the Crown Representative” omitted by the A.O. 1948.

4. Subs. by the A.O. 1950, for “His Majesty in Council”.

 

 

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Civil Procedure Code 1908

 

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