There are certain conditions in which a suit cannot be proceeded with or entertained by a court of law, these have been elaborated under Section 10, 11 and 12 bar filing of a suit,
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.
Explanation.—The
pendency of a suit in a foreign court does not preclude the Courts in India from trying a suit founded on the same cause of action.
The object of this Section is to prevent courts of Concurrent Jurisdiction from trying two parallel suits simultaneously in respect of the same issue and to avoid conflicting decrees, duplication of evidence and to save the time of the courts.
It is to be taken note that under Section 10 the later suit is stayed and not the previously instituted suit.
Section 10 contemplates only the procedure and it does not vest any substantive rights in the parties and hence a decree passed in contravention thereof is not a nullity (see., 2004-7-SCC Pg., 251)
The Essential conditions for stay of proceedings under Section 10 are :
i) Both the suits must be between the same parties or between the parties under whom they or any of them litigating under the same title;
ii)Matter in issue should be directly and substantially in issue in a previously instituted suit, there must be common identity about the subject matter,
iii) Both the suits are pending int eh same court or any other court within the country.
i) Later suit shall be stayed.
Institution of suit is not barred only trial is barred.
Order refusing stay is revisable. Test is whether decision in previous suit will operate as res judicata. Appeal lies from the refusal to stay.
Example :
Suit for recovery of money of the agreement for sale filed at place, D, subsequent suit for cancellation of the agreement for sale, all parties except one defendant in both the suit same subsequent suit filed is stayed.
The object of this Section is to prevent courts of Concurrent Jurisdiction from trying two parallel suits simultaneously in respect of the same issue and to avoid conflicting decrees, duplication of evidence and to save the time of the courts.
It is to be taken note that under Section 10 the later suit is stayed and not the previously instituted suit.
Section 10 contemplates only the procedure and it does not vest any substantive rights in the parties and hence a decree passed in contravention thereof is not a nullity (see., 2004-7-SCC Pg., 251)
The Essential conditions for stay of proceedings under Section 10 are :
i) Both the suits must be between the same parties or between the parties under whom they or any of them litigating under the same title;
ii)Matter in issue should be directly and substantially in issue in a previously instituted suit, there must be common identity about the subject matter,
iii) Both the suits are pending int eh same court or any other court within the country.
i) Later suit shall be stayed.
Institution of suit is not barred only trial is barred.
Order refusing stay is revisable. Test is whether decision in previous suit will operate as res judicata. Appeal lies from the refusal to stay.
Example :
Suit for recovery of money of the agreement for sale filed at place, D, subsequent suit for cancellation of the agreement for sale, all parties except one defendant in both the suit same subsequent suit filed is stayed.
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