Sec-10 of cpc

Kapil (Querist) 28 June 2013 This query is : Resolved
Relief , Cause of Action are different in the subsequent suite.Whether Subsequent suit can be stayed or not ?

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Devajyoti Barman (Expert) 28 June 2013
If cause of action is different then section 10 does not apply.

Kapil (Querist) 28 June 2013
Sir, Can u suggest any Latest Law regarding this in Supreme Court?

prabhakar singh (Expert) 28 June 2013
To invoke section 10 C.P.C the requirement would be;
a)Same parties
b)same property
c)same questions involved

And it is applicable to only suits filed in CIVIL COURT.
FOR CITATIONS DO YOUR OWN HOME WORK.

Advocate Bhartesh goyal (Expert) 29 June 2013

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].

Nadeem Qureshi (Expert) 29 June 2013
agree with experts

Rajendra K Goyal (Expert) 29 June 2013
Agree with the experts. nothing more to add.

adv. rajeev ( rajoo ) (Expert) 29 June 2013
If the matter and parties are same in the subsequent suit then it can be stayed.

ajay sethi (Expert) 29 June 2013
agree with experts

Raj Kumar Makkad (Expert) 29 June 2013
Difference in cause of action ipso facto make it clear that subsequent suit has nothing to do with the earlier and thus there is no question of its stay either under section 10 or 11 of CPC.

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