Stay of suit
Section 10 of the Code of Civil Procedure, 1908 deals with 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 t The Act came into force on 01 Jan 1909.
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.
Section 10, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Aspi Jal v. Khushroo Rustom Dadyburjor
Court's Decision & Legal Precedent
Judgment of Main Case order-6.pdf 2013-04-05 (not same-date order-7 ROP). CA 2012. CPC 10 stay of suit (res sub judice) requires the matter in issue to be directly and substantially the same in a previously instituted pending suit between the same parties; a later suit is not stayed merely because some facts overlap. Map cpc 10.
On this section: s.10 res sub judice: stay of a later suit requires the matter in issue to be directly and substantially the same in a previously instituted pending suit between the same parties. Overlapping facts or a related dispute is not enough.
-
Guru Granth Saheb Sthan Meerghat Vanaras vs Ved Prakash
Court's Decision & Legal Precedent
No hard and fast rule can be laid down requiring a civil suit to be automatically stayed during the pendency of a related criminal proceeding. The possibility of conflicting decisions in civil and criminal courts is not a relevant consideration for staying proceedings. Whether civil proceedings should be stayed during pending criminal proceedings depends on case-specific factors, particularly whether there is likelihood of embarrassment to the accused. Once a civil defendant has filed their written statement and issues have been framed, proceeding with the civil trial does not prejudice their criminal defence, and therefore stay is not justified. The law does not make the decision of one court binding on the other except in limited circumstances specified in Sections 40-43 of the Indian Evidence Act.
On this section: Applied by the defendants (respondents) to seek stay of proceedings in the civil suit
-
Joginder Pal vs Indian Red Cross Society
Court's Decision & Legal Precedent
Proceedings for grant of Succession Certificate under Part X of the Indian Succession Act are summary in nature. Section 387 of the Indian Succession Act explicitly provides that no decision under Part X upon any question of right between parties shall bar the trial of the same question in any suit or other proceeding between the same parties. Therefore, even if issues are raised and evidence is led in Succession Certificate proceedings, the findings therein do not operate as res judicata and do not bar a subsequent suit between the same parties on the same question of right. The principles of res judicata, as embodied in Explanation VIII to Section 11 of the Code of Civil Procedure, do not apply to decisions made in Succession Certificate proceedings because Section 387 of the Indian Succession Act provides a protective umbrella against such application.
On this section: Basis for stay of Probate Petition by Red Cross Society on ground that parties and issues were same as in Succession Certificate Application
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 10
What have the courts held on Section 10 of the Code of Civil Procedure?
Aspi Jal v. Khushroo Rustom Dadyburjor (05 Apr 2013) is the leading judgment on this section among those set out below: s.10 res sub judice: stay of a later suit requires the matter in issue to be directly and substantially the same in a previously instituted pending suit between the same parties. Overlapping facts or a related dispute is not enough. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2000 to 2013.
How do I find court cases under Section 10 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 10, section 10 CPC, section 10 of the Code of Civil Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Aspi Jal v. Khushroo Rustom Dadyburjor (05 Apr 2013).
When did Section 10 of the Code of Civil Procedure come into force?
Section 10 of the Code of Civil Procedure, cited as CPC 10, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.