RES-JUDICATA SEC.11 & RES-SUB-JUDIE SEC.10 OF C.P.C.

1. 1. SEC.10 CIVIL PROCEDURE CODE AND SEC.11 CIVIL PROCEDURE CODE DEALS WITH THE ABOVE SAID TITLE. 2. RES-SUB-JUDIE :- 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 INDIA, HAVING JURISDICTION TO GRANT THE RELIEF CLAIMED, OR IN ANY COURT BEYOND THE LIMITS OF INDIA ESTABLISHED OR CONTINUED BY THE CENTRAL GOVERNMENT AND HAVING LIKE JURISDICTION OR BEFORE THE SUPREME COURT. POINTS FOR CONSIDERATION A]. TWO SUITS MUST BE IN PENDING B].PARTIES IN BOTH SUITS MUST BE ONE AND THE SAME OR BY THEIR SUCCESSORS-IN-INTEREST C].ISSUES IN BOTH SUITS MUST BE ONE AND SAME D].BOTH SUITS MUST BE IN INDIA BUT NOT IN FOREIGN COURT WHERE CIVIL PROCEDURE CODE NOT APPLICABLE E]. PENDING OF SUIT MAY BE IN THE SAME COURT OR IN DIFFERENT COURTS SITUATED IN INDIA. THEN THE COURT SHALL NOT PROCEED WITH THE TRAIL OF ANY SUIT, PENDING DISPOSAL OF PREVIOUS SUIT AND STAY ALL THE PROCEEDINGS OF THE LATER SUIT.