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Section 10 CPC — Stay of suit

The Code of Civil Procedure, 1908 · Official PDF page 39

Open in NyayaOfficial PDF, page 39

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.

Text extracted from the official PDF (India Code source edition; cover states: 10th January, 2026). Line breaks and footnote marks may differ; the PDF is the authority.

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