cpc S. 10 – Test for applicability – Whether “the matter in issue is also directly and substantially in issue in previously instituted suits” – The key words in Section 10 are “the matter in issue is directly and substantially in issue in a previously instituted suit” – The test for applicability of Section 10 of the Code is whether on a final decision being reached in the previously instituted suit, such decision would operate as res judicata in the subsequent suit – To put it differently one may ask, can the plaintiff get the same relief in the subsequent suit, if the earlier suit has been dismissed? – If the answer is in the affirmative, the subsequent suit is not fit to be stayed – However, we hasten to add then when the matter in controversy is the same, it is immaterial what further relief is claimed in the subsequent suit.
read HERE 2013 PLRonline 1100
.Aspi Jal v. Khushroo Rustom Dadyburjor, (2013) 4 SCC 333, 2013 PLRonline 1100
