Showing : 21-30 of 85 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Earlier suit for possession by way of specific performance was filed by defendant - Subsequent suit for declaration in respect of same property filed by plaintiff - Agreement to sell in favour of defendant was prior in time, thus suit of defendant for possession by way of..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Present suit of which proceedings are sought to be stayed is not a subsequent suit, as other suit on pendency of which present suit proceedings are sought to be stayed, has been instituted after institution of present suit - Provisions of S.10 CPC not attracted...........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating third party..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Parties to earlier suit for declaration and subsequent suit for possession same - Subject matter and relief claimed in both the suits entirely different - Even matter in issue directly and substantially in both the suits is not same - Provision of S.10 CPC not applicable..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - For applicability of S.10 of the Code there has to be a duly instituted previous suit between the same parties in which the issue is directly and substantially the same - Subsequent suit cannot be stayed when plaint in previous instituted suit was rejected on ground of..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Purpose and object - Prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon the bilateral litigations in respect of same cause of action, same subject matter and same relief...........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 10, 11-- Stay of subsequent suit - Fundamental Test - Whether any final decision being reached in previous suit, such decision would operate as res judicata in the subsequent suit...........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Would apply only if there is identity of the matter in issue in both suits, meaning thereby, that the whole of the subject-matter in both proceedings are identical...........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - If issues in subsequent suit are directly and substantially in issue in an earlier suit but subsequent suit decreed, decree cannot be set aside on the ground of pendency of an earlier suit - More so, when there was no application for stay of subsequent suit u/s 10 CPC...........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Previous suit instituted for declaration of title and injunction - Subsequent suit for partition and separate possession - Causes of action in both the suits is entirely different and subject matter involved in both suit is also quite different - Both suits are neither between same..........

Showing : 21-30 of 85 Results