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Showing posts with label S 10 of cpc. Show all posts
Showing posts with label S 10 of cpc. Show all posts
Tuesday, 2 January 2024

Whether S 10 of CPC relating to stay of suit bars the court to entertain subsequent suit and to pass interlocutory orders in that suit?

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By virtue of Section 10 Code of Civil Procedure, a Court is prohibited from proceeding with trial of any suit in which the matter in issue i...
Sunday, 25 September 2022

What are essential requirement for stay of subsequent suit U/S 10 of CPC?

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 As observed earlier, for application of Section 10 of the Code, the matter in issue in both the suits have to be directly and substantially...
Tuesday, 26 April 2022

Can the court stay the subsequent suit if the cause of action and the reliefs claimed in both cases differ?

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I do not know why the learned Chief Justice used the expression 'cause of action', because Section 10 speaks of not 'cause of ac...

Should the court stay subsequent proceeding if the decision passed in the previous suit will be res judicata in the subsequent suit?

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Section 10 says: No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue ...
Sunday, 14 November 2021

Whether court can suo moto stay subsequent suit as per S 10 of CPC?

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  So far as the contention of learned counsel for the petitioner that the learned Trial Court failed to consider that under Section 10 of th...
Tuesday, 22 September 2020

Supreme Court: Court can entertain interlocutory applications in stayed suit

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The learned Counsel for the respondents stated that on account of the stay of the suit, his clients are prevented to take any direction or o...
Sunday, 6 September 2020

What is distinction between O 7 R 10 of CPC(Return of plaint) and S 10 of CPC(Stay of suit)?

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At the outset, it is necessary to note a submission, of Mr. Sai Deepak, that Order VII Rule 10, and Section 10, of the CPC, were required...
Friday, 25 October 2019

Whether subsequent suit can be stayed if application for setting aside exparte decree is pending?

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 The object behind enacting Section" 10 of CPC would be that in regard to same property and issues involved between the same party, c...
Saturday, 17 August 2019

Notes on Stay of Suit S 10 CPC

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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 is...
Monday, 1 July 2019

Whether court can stay suit proceeding as per S 151 of CPC?

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Thus, section 10 of the Code bars the court from proceeding with the trial of any suit in which the matter in issue is also directly and s...
Sunday, 3 March 2019

Whether court can impose condition to implead legal heirs while staying subsequent suit?

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 The basic purpose of this section is to protect a person from multiplicity of proceedings as also to avoid conflict decisions. Section 10...
Monday, 19 February 2018

Whether subsequent eviction suit is liable to be stayed if both suits have same grounds for eviction?

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As observed earlier, for application of Section 10 of the Code, the matter in issue in both the suits have to be directly and substantial...
Monday, 2 October 2017

Whether succession certificate proceedings can be stayed till decision of civil suit?

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Undisputed facts of the case are that the petitioner has initiated the proceedings as per the provisions prescribed under Section 372 of th...
Thursday, 15 September 2016

Whether proceeding for grant of succession certificate can be stayed during pendency of civil suit?

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The short question involved in this case is whether Section 10 of the Code of Civil Procedure, 1908 (for brevity, "the Code") is...
Saturday, 14 May 2016

Supreme court; Every High Court must give due deference to enunciation of law made by another High Court

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The Defendant-Appellant finally filed a Notice of Motion in the Bombay High Court as late as 14.12.2005, in which it was successful...
Friday, 12 February 2016

Whether court can grant interim relief even though case is stayed U/S 10 of CPC?

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 Jurisdiction of a Civil Court being plenary in nature, if it is seized of a suit, provisions of Order 39 Rules 1 and 2 and Section 151 ...
Friday, 15 January 2016

Good legal article on  S10 and 11 of   CPC and Section 115 of the Evidence

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http://mja.gov.in/Site/Upload/GR/1st%20LEGAL%20WORK%20SHOP%20PAPER%20SUMMARY%2015-09-2015%20-%201%20to%2021.pdf
Monday, 9 February 2015

When court can stay subsequent suit?

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In the instant case, both the parties are seeking possession of the same suit land. The respondent filed his suit for preventing further ...
Sunday, 17 March 2013

Whether decree passed in contravention of S 10 of CPC (Stay of suit) is nullity?

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The proceedings in the trial of a suit have to be conducted in accordance with provisions of the Code of Civil Procedure. Section 10 CPC no...