CPC Section 10 — Stay of suit
Civil
Summary
A court cannot continue with the trial of a lawsuit if the main issue in that lawsuit is the same as an issue already being decided in an earlier lawsuit. This rule applies only if both lawsuits are between the same parties, or between people who claim under them and have the same legal interest, and the earlier lawsuit is still pending in a court in India that has the power to grant the requested relief. It also applies if the earlier lawsuit is pending in a court outside India that was set up or continued by the Central Government and has similar authority, or if it is pending before the Supreme Court. However, just because a lawsuit is pending in a foreign court does not stop Indian courts from hearing a lawsuit based on the same issue.
Official Text
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 between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India have jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government . and having like jurisdiction, or before the Supreme Court.
Explanation.--The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action.