Supreme Court of India · 2013-04-05
Aspi Jal And Anr vs Khushroo Rustom Dadyburjor
- Citation / case number
- AIR 2013 SUPREME COURT 1712
- Court
- Supreme Court of India
- Petitioner
- Aspi Jal And Anr
- Respondent
- Khushroo Rustom Dadyburjor
- Bench
- V. Gopala Gowda, Chandramauli Kr. Prasad
Judgment text excerpt
The Supreme Court, while examining the application of Section 10 of the Code of Civil Procedure, upheld the Bombay High Court's order affirming the Small Causes Court's decision to stay R.A.E. Suit No. 173/256 of 2010 until the resolution of earlier suits R.A.E. Suit No. 1103/1976 and R.A.E. Suit No. 1104/1977. The Court established that the principle of res judicata applies when the same matter is in issue in multiple suits, thus preventing concurrent trials. The Court held that the stay was justified as the issues in the third suit were substantially the same as those in the earlier suits.