Mera Samvidhaan All of Code of Civil Procedure, 1908

Part I · Suits in General

10Stay of suit.

Section 10

Jurisdiction of The Courts and res judicata

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.

1 Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951).

2 Subs. by the A.O. 1937, for “the G.G. in C”.

3 The words “or the Crown Representative” omitted by the A.O. 1948.

4 Subs. by the A.O. 1950, for “His Majesty in Council”.

Other provisions that mention Section 10

Section 10 of The Code of Civil Procedure, 1908 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.