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Section 10: Stay of suit.

The Code of Civil Procedure, 1908Central Act · Act 5 of 1908

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] have 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.

Where this provision sits

ActThe Code of Civil Procedure, 1908
Section10
Marginal noteStay of suit.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it304

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 2 of 1951. . Subs. by Act 2 of 1951, s. 3, for "the States".
  • substituted. . Subs. by the A.O. 1937, "the G.G. in C."
  • omitted. . The words "or the Crown Representative" omitted by the A.O. 1948.
  • substituted. . Subs. by the A.O. 1950, for "His Majesty in Council".

Judgments that turned on this provision

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