INDIAN BANK vs MAHARASHTRA STATE CO-OP.MKG.FEDN.LTD.

The Supreme Court addressed the applicability of Section 10 of the Code of Civil Procedure, 1908, to summary suits filed under Order 37. The Court upheld the view of the Division Bench of the High Court, stating that 'trial' in Section 10 encompasses all proceedings after the defendant's appearance, thus requiring the stay of the summary suit until the prior suit is resolved. The Court concluded that the Division Bench's interpretation aligns with the broader meaning of 'trial' and does not frustrate the purpose of summary proceedings.