Section 10 of CPC : Section 10: Stay Of Suit
CPC
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Explanation using Example
Imagine that Company A sues Company B for breach of contract in a Mumbai High Court, claiming damages. While this case is still pending, Company A decides to file another lawsuit on the same contract breach against Company B in a Delhi High Court, seeking similar relief. According to Section 10 of The Code of Civil Procedure, 1908, the Delhi High Court would not proceed with the trial of this second suit because the matter in issue is directly and substantially the same as in the first suit, which was previously instituted and is still pending in the Mumbai High Court.
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