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may 1996

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.

BRITISH INDIA CORPN. vs RASHTRACO FREIGHT CARRIERS · Niyam