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.