Showing : 41-50 of 85 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - The trial of any suit in which the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and is pending is liable to be stayed - One of the tests for determining the applicability of S.10 is whether the final decision in the..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 10, 151-- Stay of subsequent suit - Suit for declaration and setting aside sale and permanent injunction - Subsequent suit for possession, mesne profits and injunction - Parties and the land in question is one and the same but the matter in issue is altogether distinct in both the suits as such provision of..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Matter in issue in both suits directly and substantially same - Subsequent suit be either stayed or clubbed with earlier suit for joint trial...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Subsequently instituted suit can be stayed only at the trial stage - Appellate proceedings are not `trial stage' of the suit - Only the trial of the suit can be stayed - In very exceptional circumstances stay may also be granted at the appellate stage but normally it is..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Subsequent suit cannot be stayed for the mere reason that defendant has raised a common plea in both the suits which does not mean that a common issue is directly or substantially in issue in both the suits - Cause of action in both the suit entirely different as first..........
CALCUTTA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Divorce petition filed by wife and thereafter husband filed petition for restitution of conjugal rights - In case wife obtains decree in that event there will be no need to proceed with the subsequent suit - Same parties - Issues in both suits in strict sense not the same..........
DELHI HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - No sufficient cause shown for setting aside the exparte judgment and decree - A party served with summons at the commencement of the hearing of the suit is not required to be served with subsequent notice, which was necessitated because that party has chosen to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Suit for specific performance - Impleading of subsequent purchaser during pendency of suit and in violation of the stay order - Subsequent purchaser already filed a suit for declaration that he is a bonafide purchaser - Application dismissed...........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 10-- Pendency of execution proceedings in the previously instituted suit is not a ground to stay the subsequent suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Description of property in dispute in both the suits different - Plea that there is change of khasra and khatauni numbers which are duly explained - Held, at the stage of deciding application u/s 10 CPC there is no evidence or document on record to prove the plea - Plea..........

Showing : 41-50 of 85 Results