20 Aug 2026 12:02 PM

Stay of Suit -- Tests for Invoking Section 10 -- Identity of parties, identity of matter in issue and prior institution required

(i) Civil Procedure Code, 1908, S.10 -- Stay of Suit -- Tests for Invoking Section 10 -- Three conditions must be satisfied for invoking this provision: identity of parties, identity of the matter in issue, and existence of a previously instituted suit. (ii) Civil Procedure Code, 1908, S.10 -- Stay of Suit -- Identical Parties but Different Subject Matter -- Where parties and properties in both suits are identical but the subject matter and cause of action differ, this provision is not attracted for staying the subsequent suit.

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