PART I SUITS IN GENERAL · JURISDICTION OF THE COURTS AND Res Judicata

Section 10: Stay of suit

The Code of Civil Procedure, 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 ¹[India] have 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].

Explanation.—The pendency of a suit in a foreign Court does not preclude the Courts in ¹[India] from trying a suit founded on the same cause of action.

Footnotes in the official text

1.Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951).
2.Subs. by the A.O. 1937, for “the G.G. in C”.
3.The words “or the Crown Representative” omitted by the A.O. 1948.
4.Subs. by the A.O. 1950, for “His Majesty in Council”.

Questions on this section

17 questions in 26 of our papers cite Section 10. Try these from the free papers:

1. In Indian Bank v. Maharashtra State Co-operative Marketing Federation Ltd. (1998), the Supreme Court considered whether Section 10 of the Code of Civil Procedure, 1908 prevents a Court from dealing with a later summary suit under Order XXXVII while an earlier suit is pending. It held that:
2. A, a trader in Kolkata, sues B in a Court in Singapore for the price of goods sold. While that suit is pending, A files a suit against B on the same cause of action in a Civil Court in Kolkata, which has jurisdiction. B applies for stay of the Kolkata suit under Section 10 of the Code of Civil Procedure, 1908. The application should be:
3. Stay of a suit due to a previously instituted suit (res sub judice) is provided under which section of the CPC?

Practise questions on Civil Procedure Code