Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Matter in issue in both the suits entirely different - Subsequent suit cannot be stayed only on the ground that subject matter in both the suits is same...........
Specific Relief Act, 1963, Section 20 -- Decree for specific performance - Leave to appeal filed by subsequent purchaser - Maintainability - Subsequent purchase sold suit property to third party during pendency of proceedings - He is no more owner of suit property and neither in possession of the same - Contention of subsequent purchaser that since no stay order passed by..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Dispute as to breach of contract - First suit filed by defendant in Court at Surat and second suit filed by plaintiff in Court at Mumbai - Both the suits are same and issues involved in both suits are directly and substantially one and same - However, footnote of offer letter given by plaintiff to..........
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 specific performance has to be..........
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...........
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..........
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 to suits filed by parties -..........
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 non payment of court fee, even though..........
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...........
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...........
