RES SUB JUDICE: STAY OF SUIT [ SECTION 10]. How to draft the application for stay of suit under section 10 of CPC 1908.
RES SUB JUDICE: STAY OF SUIT [ SECTION 10] “ No Court shall proceed with the trail 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 India having jurisdiction to grant the relief claimed or in any Court beyond the limit of India established or continued by the Central Government and having like jurisdiction or before the Supreme Court. Explanation :- The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action.” What is the object of Section 10? • It avoids two parallel litigations that are similar in respect of cause of action, subject-matter and relief in two Courts; • It protects a person from multiplicity of proceedings; • It avoids