Focus on Civil Procedure Code (CPC) 1908, especially Section 10 (Res Sub Judice).
Linked to stay of suits to prevent multiple suits on the same matter.
Today's Session Objectives
Cover general provisions.
Understand the application of Section 10 by courts and its legal aspects.
Key Elements of Section 10 through Bare Act Language.
Legal aspects and case law relevant to the topic.
General Provisions and Application
Section 10: Prevents proceedings of a subsequent suit if a previously instituted suit for the same matter is pending.
The concept covers court jurisdiction, legal aspects, and the essential elements required for application.
Example Explaining Res Sub Judice
Dispute between A and B: Ownership of the property claimed by both parties, A's action in multiple courts.
Two suits: A institutes Suit in one court, later institutes another in a different or same court.
Activation of Section 10: Stops the subsequent suit from proceeding if the matter is already pending in another court.
Key Principles of Section 10
Pending Suit: Previously instituted suit pending in any court in India or by the Central Government or Supreme Court of India.
Direct Substantial Issue: The matter in both suits must be directly and substantially the same.
Same Parties: Must be between the same parties or their representatives.
Jurisdiction: The court of the previously instituted suit must have jurisdiction to grant the relief claimed in the subsequent suit.
Concurrent Proceedings: Prevents multiple concurrent proceedings on the same matter to avoid conflict of judgments and multiplicity of proceedings.
Legal Restrictions: Courts are barred from proceeding with subsequent suits once Section 10 is applied.
Legal Aspect and Case Law
Mandatory Nature: Section 10 uses the word 'shall', making its application compulsory and not discretionary.
Manohar Lal vs. Hiralal: Leading case emphasizing that courts cannot proceed with a suit if Section 10 applies.
Exceptions and Applications: Certain orders (e.g., temporary injunctions, appointment of a receiver) allowed even if Section 10 applies (as seen in Indian Bank vs. Maharashtra State Cooperation Ltd).
High Court's Inherent Power: Under Section 151, the High Court can stay suits to prevent injustice (Padmasingh vs. State of UP).
Important Aspects and Examples
Explanation in Bare Act: Explains that pending suits in foreign courts do not bar courts in India from trying similar matters if the cause of action is the same.
Essential Elements Recap: Jurisdiction, same parties, same matters in issue, and power to grant relief in subsequent suit by the court of the previously instituted suit.
Order 32 and 35 of CPC
Order 32 Rule 10 and Order 35 Rule 3: Provides procedural guidelines for staying proceedings under specific circumstances.
Inherent Powers: Under Order 39 Rules, courts have wide powers for interim orders even if Section 10 applies.
Busy Court Scenario
Court's Role: Court in which the previously instituted suit is pending takes precedence, while subsequent courts are barred from proceeding.
Preparing for Exams
Important Questions: Often asked in both preliminary and main exams on Section 10, explaining purpose, application, and scope.
Direct Appeal: Questions relating directly to Res Sub Judice often appear, hitting full marks if well-explained.
Summary
We covered: Definition, provisions, legal aspects, examples, leading case laws, order details, and exam preparation tips for Section 10 of CPC.
Next Session: Will explore further CPC sections and applications.
Conclusion
Revise this content thoroughly to understand the application and importance of Section 10 under CPC.
Study Tip: Focus on understanding examples and case laws as they are crucial for exams.