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Code of Civil Procedure, 1908

10.Stay of suit.-

No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in {Subs. by Act 2 of 1951, s.3, for "the States".} [India] having jurisdiction to grant the relief claimed, or in any Court beyond the limits of {Subs. by Act 2 of 1951, s.3, for "the States".} [India] established or continued by {Subs. by the A.O.1937 for "the C ".} [the Central Government {The words "or the Crown Representative" rep. by the A.O.1948.}] and having like jurisdiction, or before {Subs. by the A.O.1950 for "His Majesty Council".} [the Supreme Court].

Explanation.The pendency of a suit in a foreign Court does not preclude the Courts in {Subs. by Act 2 of 1951, s.3, for "the States".} [India] from trying a suit founded on the same cause of action.

Code of Civil Procedure, 1908 Back

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