JURISDICTION OF THE COURTS AND Res judicataCentral

Section 10 of The Code of Civil Procedure, 1908

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 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.

Summary

A court cannot continue a trial if the exact same fight is already being tried in another case.
This applies when the matter in issue is the same in both the current and an older case.
The parties in both cases must be the same or people representing their interests.
The previous case must be pending in another Indian court, the Supreme Court, or certain courts outside India.
The court where the first case is pending must have the authority to grant the relief being asked for.
Merely having a case pending in a foreign court does not stop an Indian court from trying a case on the same matter.

Practical examples

1Anil sues Bina in a Delhi court over a 50,000 rupee loan. While that case is still going on, Anil files the exact same case against Bina in a Kolkata court. Under Section 10, the Kolkata court must stay, or pause, its case because the Delhi case was filed first.

2Sunita sues a company in a court in New York. Later, she sues the same company for the same reason in India. Because the first case is in a foreign court, Section 10 says the Indian court does not have to stop its trial.

FAQ

1. What does Section 10 of The Code of Civil Procedure, 1908, do?

Section 10 of The Code of Civil Procedure, 1908, prevents a court from proceeding with a trial if the same matter is already being litigated in a previously filed suit.

2. What are the requirements for Section 10 of the CPC to apply?

Under Section 10 of the CPC, the parties must be the same, the matter must be the same, and the previous suit must be pending in a competent court.

3. Does a case in a foreign court stop an Indian trial under Section 10 of the 1908 Code?

No, Section 10 of the 1908 Code contains an explanation stating that a pending suit in a foreign court does not preclude Indian courts from trying the same case.

Test yourself

1.Under Section 10 of The Code of Civil Procedure, 1908, what must a court do if a previously instituted suit is pending?

2.According to Section 10 of the Civil Procedure Code, who must the parties be for a trial to be stayed?

3.If a case is pending before the Supreme Court, does Section 10 of the 1908 Act apply to a new suit in a lower court?

4.Linking Section 9 and Section 10, if a court has jurisdiction over all civil suits, can it always proceed with any trial?

9PreviousSection 9 Courts to try all civil suits unless barred.11NextSection 11 Res judicata.

←Section 9 Section 11→