Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively be passed by the court of previous instance. Which section of CPC decided the fate of the subsequently field suit and its proceeding ?

All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively be passed by the court of previous instance. Which section of CPC decided the fate of the subsequently field suit and its proceeding ?

A: S.11

B: S.9

C: S.10

D: S.12

The answer is: C

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Explanation

The correct option is C: S.10.

Section 10 of CPC deals with the stay of suit or res sub judice. This section states that 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 India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court. The purpose of this section is to prevent multiplicity of proceedings and conflicting decisions on the same matter. Therefore, if there are two suits involving the same subject matter and same questions, the subsequent suit should be stayed until the decision of the previous suit is given. This section applies only to civil suits and not to other proceedings under any other statute.

The main essentials of Section 10 are as follows:

Same parties: The parties in two suits need not be identical, but they must be litigating under the same title or claiming through or under them.

Same matter in issue: The matter in issue in both suits must be directly and substantially the same, not merely incidental or collateral.

Previously instituted suit: The suit in which the stay is sought must have been instituted later than the suit which is pending in another court.

Competent court: The court in which the previous suit is pending must have jurisdiction to grant the relief claimed in the subsequent suit.

Stay of trial: The stay under Section 10 is only of the trial, not of the institution or filing of the suit. The court can still entertain preliminary objections or pass interlocutory orders.