Civil Matter (on Sectio 10 Cpc)

Dear Sir, The object of Section 10 CPC is as follows. You have not stated whether you are petitioner or respondent. The object of Section 10 is to prevent Courts of concurrent jurisdiction from simultaneously trying two parallel suits between the same parties in respect of the same matter in issue. The fundamental test to attract Section 10 is, whether on final decision being reached in the previous suit, such decision would operate as res-judicata in the subsequent suit. Section 10 applies only in cases where the whole of the subject matter in both the suits is identical. The key words in Section 10 are "the matter in issue is directly and substantially in issue" in the previous instituted suit. The words "directly and substantially in issue" are used in contra-distinction to the words "incidentally or collaterally in issue". Therefore, Section 10 would apply only if there is identity of the matter in issue in both the suits, meaning thereby, that the whole of subject matter in both the proceedings is identical. Please visit the link also. https://indiankanoon.org/docfragment*Phone*/?formInput=section%2010%20cpc%20%20doctypes%3A%20supremecourt

Dear client I would like to examine your case thereafter I will help to provide such related rulings. Advocate Anurag Bhatt Allahabad High Court