CPC, 1908 · Part I · Jurisdiction of the Courts
Stay of suit — res sub judice
Two courts must not try the same matter at once — the later trial waits.
How to read Section 10
When the same matter is already being litigated in an earlier suit, §10 stops a second court from trying it in parallel — the doctrine of res sub judice (“a matter under judgment”).
The later suit’s trial is stayed — the suit is not dismissed. Once the earlier suit ends, it can move again.
To avoid two conflicting decrees, save the court’s time, and protect the later res judicata (§11).
The bare Act
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.
Explanation.—The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action.
Phrase by phrase — rule & Explanation, pictured
Tap a part: each opens its own diagram + full dissection.
Same matter, same parties → the later trial pauses
A foreign suit is no bar
The conditions, at a glance
All five present → the later suit’s trial is stayed.
§10 vs §11 — don’t confuse them
The matter is under judgment elsewhere — the later trial is stayed (paused).
The matter is finally settled — the later suit is barred altogether.
The maxim behind it
Nemo debet bis vexari pro una et eadem causa
“No one should be vexed twice for one and the same cause.”
Why it fits §10: while the first suit is still pending, a second court must not try the same matter — a party should not be harassed twice over one dispute.
Connected rules & sections
The companion — §10 pauses a pending matter; §11 bars a decided one.
Where §10 does not strictly apply, a court may still stay a suit to prevent multiplicity / abuse.
Sometimes two suits are consolidated instead of one being stayed.
The earlier court must be competent — competence springs from §9.
The whole purpose — one matter, one decision; no parallel trials.
Interim relief, settlement, withdrawal — still open during the stay.