Stay of suit

Code of Civil Procedure Section 9. Courts to try all civil suits unless barred.

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.

Note 1: Subs. by Act 2 of 1951, s. 3, for “the States”.

Note 2: Subs. by the A.O. 1937, for “the G.G. in C.”

Note 3: The words “or the Crown Representative” omitted by the A.O. 1948.

Note 4: Subs. by the A.O. 1950, for “His Majesty in Council”.

Code of Civil Procedure Section