cpc S. 10 – Test for applicability – Matter in issue in both the suits have to be directly and substantially in issue in the previous suit but the question is what “the matter in issue” exactly means? – For application of Section 10 of the Code, the entire subject-matter of the two suits must be the same – This provision will not apply where a few of the matters in issue are common and will apply only when the entire subject-matter in controversy is same – In other words, the matter in issue is not equivalent to any of the questions in issue.
read HERE 2013 PLRonline 1100
.Aspi Jal v. Khushroo Rustom Dadyburjor, (2013) 4 SCC 333, 2013 PLRonline 1100
