November 21, 2018, 10:16 am

CPC

Legal Provisions of Section 10 CPC stay of Suit same matter in issue

• Legal Provisions of Section 10 CPC is to prevent the court of concurent from simultaneously trying two parallel suits in respect of the same matter in issue or the same cause of action and the same relief.(PLD 1968 Dhaka 557)
• Where the earlier suit is filed, lower court and th successive suit before High Court or where all such conditions are fulfilled it is incumbent upon the court to stay the proceeding of the subsequent suit.Such proceding may not be stayed under the provision of section 10 CPC if all the conditions are not fulfilled. Recourse may be held to inherent power of the Court under sec. 151 CPC in appropriate case. [2000YLR 1147 (DB)]
• The court can not apply when some issue are common and other issue are different. (51 DLR 149)
• This section 10 CPC intends to protect a person from multiplicity of proceedings and avoids conflicts of decisions ( 60 DLR 2008)
• A partition suit is generally filed against the co-sharer and the issue is to be decided in such a suit mainly if a person I is a co- sharer of a Khatiyan,the shares of the parties claiming saiyam,etc,whereas the issue in SCC suit lire whether relationship of Landlord and tenant exists between the parties. The court bellow committed an error of law in staying further proceeding of the SCC suit on the ground of a partition suit pending between the parties and others occasioning miscarriage of justice. ( 59 DLR 2007)

  • The main proceeding as used in the Code has a comprehensive meaning as to include all matters of judicial adjudication to which the code applies. From this point of view all applicatios,etc to which the proceeding prescribed by the Code applies would come the admit of suits and therefore section will apply to them .(AIR 1961 Mad 247)

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