Adv Ch Shahid Bhalli

Stay of Suit, Res-Subjudice, Sec 10 in CPC

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.

What is Stay of Suit in CPC?
Section 10 of CPC provides for stay of suit. The primary rule under stay of suit or rule of res sub-judice prevents Courts of concurrent jurisdiction from simultaneously adjudicating upon parallel litigation filed for the same cause of action, for the same matter and for the same relief

What is RES Subjudice in CPC?
Subjudice in latin means ‘under judgment’. It denotes that a matter or case is being considered by court or judge. when two or more cases are filed between the same parties on the same subject matter, the competent court has power to stay proceeding. However the doctrine of res-subjudice means stay of suit.

What is Stay in Legal Terms?
A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal process in a trial or other legal proceeding. The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered.

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