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ARUN BANERJEE   21 January 2022

civil law question

can I file appeal before district judge against order under section 10 CPC for stay of suit ?


 1 Replies

Archana Pandey   24 January 2022

Dear Mr. Arun,

Greetings.

Reference to your query, Section 10 aim is to direct the Courts to prevent two parallel trials on the same matter which are identical in nature incidentally or collaterally with each other. Moreover, it explains further that it is referable to a suit instituted in the civil Court only and it cannot apply to the proceedings of other nature instituted under any other statute. Therefore, you cannot file appeal before district judge under Sec 10 CPC for the stay of suit.


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