About section 10 for different jurisdiction
gautam
(Querist) 02 July 2013
This query is : Resolved
Sir can u let me know that under section 10 can we get relief (stay) for similar case with similar parties but suite having in different jurisdiction 1 in civil court & 2. in revenue court .
and also provide me citation for it ..
thanking you
Gautam
R.K Nanda 
(Expert) 02 July 2013
state full facts.
Raj Kumar Makkad
(Expert) 03 July 2013
Section 10 CPC no doubt lays down that 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 India having jurisdiction to grant the relief claimed. However, mere filing of an application under section 10 CPC does not in any manner put an embargo
examine the merits of the matter. The object of the section is to prevent Courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of the same matter in issue. The section enacts merely a rule of procedure and a decree passed in contravention thereof is not a nullity. It is not for a litigant to dictate to the court as to how the proceedings should be conducted, it is for the court to decide what will be the best course to be adopted for expeditious disposal of the case. In a given case the stay of proceedings of later suit may be necessary in order to avoid multiplicity of proceedings and harassment of parties. However, where subsequently instituted suit can be decided on purely legal points without taking evidence, it is always open to the court to decide the relevant issues and not to keep the suit pending which has been instituted with an oblique motive and to cause harassment to the other side.
As there are no two suits in the given case so section 10 CPC has no application.
