Supreme Court of India · 1996-05-07
BRITISH INDIA CORPN. vs RASHTRACO FREIGHT CARRIERS
- Citation / case number
- SC 1995/11208
- Court
- Supreme Court of India
- Petitioner
- BRITISH INDIA CORPN.
- Respondent
- RASHTRACO FREIGHT CARRIERS
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that Section 10 of the CPC prohibits the trial of a suit if the matter is directly and substantially in issue in a previously instituted suit between the same parties. The Court found that the claims in the suits were entirely different, with no common issue, thus the High Court erred in staying the later suit. The appeal was allowed, and the High Court's order was set aside.