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Querist : Anonymous (Querist) 14 January 2011 This query is : Resolved
A suit was instituted by X Ltd. dealing in cosmetics alleging infringement by Y Ltd. by using trade name L and selling the same in wrappers and cartons of identical design and colour used by the plaintiff company. A subsequent suit was instituted in different court by the defendant company (Y Ltd.) against the plaintiff company with the same allegation.
Will subsequent suit will be allowed to continue ?

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R.Ramachandran (Expert) 14 January 2011
As per Section 10 of the CPC, if the common matters in issue in the two suits are same, then the court where the subsequently instituted suit is filed cannot proceed with the 'trial' of the subsequent suit.

In your case, according to you since the allegations are same, the court cannot proceed with the subsequent suit instituted by you.

The defendant in your suit, (the plaintiff in the first instituted suit) can file an application u/s. 10 CPC and seek stay of trial in the suit instituted by you.

Advocate. Arunagiri (Expert) 14 January 2011
I agree with Mr.RR.

Kirti Kar Tripathi (Expert) 15 January 2011
I agree with Mr. Ramachandran. The subsequent suit will get stayed. Move application.

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