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april 2013

Supreme Court of India · 2013-04-05

ASPI JAL vs KHUSHROO RUSTOM DADYBURJOR

Citation / case number
SC 2012/13024
Court
Supreme Court of India
Petitioner
ASPI JAL
Respondent
KHUSHROO RUSTOM DADYBURJOR
Author
V. GOPALA GOWDA CHANDRAMAULI KR. PRASAD
Bench
V. GOPALA GOWDA CHANDRAMAULI KR. PRASAD

Judgment text excerpt

The Supreme Court, while examining the stay order issued by the Bombay High Court, held that Section 10 of the Code of Civil Procedure, 1908 mandates that 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. The Court affirmed the lower court's decision to stay the third suit until the resolution of the first and second suits, emphasizing that the causes of action were substantially similar. Consequently, the appeal was dismissed, upholding the stay order.

ASPI JAL vs KHUSHROO RUSTOM DADYBURJOR · Niyam