Rule 10 of cpc

You were set exparte in the IA of subsquent suit ?. What prevented you from contesting it?

OK past is past. 

Now file set aside application in the subsequent suit along with affidavit stating the reasons to allow your petition. You can even state the pendancy of the former suit in another court in the petition itself . File certified copies of plaint , affidavit petition of temporary injunction made in the former suit. If the Judge directes you to file a seperate petition a petition under sec. 10 CPC to dismiss the suit on the grounds of RES SUBJUDICE will be maintainable .

BTW you have titled your thread as rule 10. It is actually Section 10

Good luck...

thanks for the immediate reply, it encourages law graduates like me.  i had advanced the hearing and filed my written statement and mainly concentrated on getting to the knowledge of the Court that A has approached with unclean hands.  i have also filed Order 39 Rule 4 to vacate the injunction and tomorrow i am filing the objections to Order 39 Rule 1 & 2.  i was under the impression that Order 39 Rule 4 was sufficient, however i have been informed to object to the temporary injunction by A.  the complicated procedure is time consuming, however i am not able to understand is it not enough that i have brought to the knowledge of the Court that the said suit of A is hit by principles of Sec 10, why should i once again contest the suit as though it is a fresh one.  my grievance is that the Court is also wasting its time on multiplicity of suit, when the said time cud be fruitfully used to consider other pressing matters.  Can the Court not use its inherant powers and nip such vexatious suits in the bud itself.