Showing : 1-10 of 75 Results

ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Conditions must be fulfilled to attract the provision of S.10 CPC, viz. (i) Suit must be between the parties; (ii) Matter in issue in the later suit must be directly and substantially the same as in the previous suit; (iii) On the date of application, both the suits must..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Whether suit will fail or abate, it is not the determining factor for deciding the application u/s 10 CPC - While deciding application u/s 10 CPC, Court cannot impose any condition...........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Subject matter of both the suits not required to be identical, as per S.10 CPC - However, even if cause of action in subsequent suit is substantially similar, then subsequent suit is required to be stayed...........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Fate of subsequent suit for eviction is depended on fate of earlier suit for specific performance - If defendant succeeds in his suit for specific performance and decree is executed he would become owner of suit property - In such event, defendant would not be entitled to..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - A suit instituted prior in point of time cannot be stayed in application u/s 10 CPC and what can be stayed is subsequent suit...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Earlier suit for declaration and cancellation of adoption deed decreed ex parte - Proceedings U.O.9.R.13 CPC which are under revision cannot be said to be continuation of suit proceedings - Application moved for staying subsequent suit of cancellation of Will with regard..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Fundamental test to attract S.10 CPC is whether on final decision being reached in the previous suit, such decision would operate as res judicata in the subsequent suit or not...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Earlier suit was filed by plaintiff for cancellation of sale deed executed by defendant in favour of respondents - Subsequent suit filed by defendant for cancellation of said sale deed on the ground that fraud is played upon him - Matter in issue in earlier suit is not..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10, 151-- Stay of subsequent suit - Issue involved in earlier suit for declaration and subsequent suit for permanent injunction though not found either directly or substantially in issue - But relief in subsequent suit dependent on ultimate outcome in earlier suit - S.10 of the Act thus, has no application..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Provision of S.10 CPC is not applicable to suit instituted prior in time, as same are applicable to subsequent suit...........

Showing : 1-10 of 75 Results