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Report No. 144

2.2.7. Recommendation.-

It seems to us that in order to put the matter beyond doubt, it is desirable to clarify the position by providing that when a coparcener in a Hindu undivided family dies, a surviving coparcener shall be deemed to be a legal representative of the deceased. We recommend accordingly.

2.3. Section 10 and Identity of Relief

2.3.1. Section 10 of the Code of Civil Procedure in its main paragraph (so far as is material) provides as under:

"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 where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed."



Conflicting Judicial Decisions pertaining to the Code of Civil Procedure Back




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