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Showing posts with label stay of suit. Show all posts
Showing posts with label stay of suit. 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...
Thursday, 16 January 2020

Whether eviction suit filed by landlord should be stayed if moratorium has been declared in Insolvency proceeding?

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This G.A. No.2791 of 2017 has been filed by the defendant in a suit for recovery of khas possession and for mesne profit, praying for ...
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...
Sunday, 25 August 2019

Whether second suit filed under Transfer of property Act is to be stayed if first suit under rent Act is pending?

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 I am fortified in my view by a decision of this Court in R.E. Fanibunda v. Nicholas of India Ltd. reported in 2003 (3) All 967 wherein th...
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...

Questions and answers on law(Part 1)

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1) Doctrine behind S 27 of evidence Act Ans:In the matter of:  Navaneethakrishnan  V/s  The State by Inspector of Police , Criminal Appeal...
Sunday, 4 August 2019

Supreme Court:Stay order granted by Supreme Court will not vacate on expiry of six month

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We are constrained to pen down a more detailed order as the judgment of this Court in Asian Resurfacing of Road Agency’s case (supra) 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...
Wednesday, 30 May 2018

Supreme court: Trial of Civil / criminal cases can not be stayed for more than six months

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 In view of above, situation of proceedings remaining pending for long on account of stay needs to be remedied.  Remedy is required not on...
Sunday, 13 May 2018

Good article on Res Judicata, stay of suit and estoppel

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Res Judicata S 11 of CPC embodies the important doctrine of res judicata. It provides that no court shall try any suit or issue ,in wh...
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...
Tuesday, 20 June 2017

When partition suit is liable to be stayed pending decision in probate proceeding?

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Reverting to the facts of the case and keeping in view the aforesaid principles, this Court finds that the suit schedule property is the ...