Act Number: 5

Act Name: The Code of Civil Procedure, 1908

Year: 1908

Enactment Date: 1908-03-21

Long Title: An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 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 1[India] have jurisdiction to grant the relief claimed, or in any Court beyond the limits of 1[India] established or continued by 2[the Central Government 3* * *.] and having like jurisdiction, or before 4[the Supreme Court].
    Explanation.--The pendency of a suit in a foreign Court does not preclude the Courts in 1[India] from trying a suit founded on the same cause of action.
Notes:
1. Subs. by Act 2 of 1951, s. 3, for "the States".
2. Subs. by the A.O. 1937, "the G.G. in C."
3. The words "or the Crown Representative" omitted by the A.O. 1948.
4. Subs. by the A.O. 1950, for "His Majesty in Council".
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