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Section 11 cpc

(Querist) 13 February 2015 This query is : Resolved 
a suit is pending on a matter. again a case was filed on the similar matter by the same parties and injunction has been asked for by the party.
I am trying to find out certain case laws on the said subject matter where injunction had not been given.
The case which I found is (2005) 6 SCC 202. (para 33,34 and 30)
please help finding out the relevancy of the same.
Anirudh (Expert) 13 February 2015
When one suit is already pending on the same issue and between the same parties, the second suit will attract the provisions of Sec. 10 CPC and not Sec. 11 CPC.

Rajendra K Goyal (Expert) 13 February 2015
Citation / case law not provided in this section.
Devajyoti Barman (Expert) 13 February 2015
no citations please.
Advocate Bhartesh goyal (Expert) 14 February 2015
Yes sec 10 of cpc applies in your case.


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