CPC Section 10: Stay of suit
Code of Civil Procedure, 1908 · Part 1: Suits in General
10. Stay of suit.—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.
Official reference: Government reference hosted by Andhra Pradesh High Court — checked: 1 October 2026.Banaka editorial consolidation of the general central text, with the 2025 postal-service amendments applied. Not an official or certified edition. State/High Court variations, commercial-dispute modifications and prescribed Appendix forms are not consolidated here; consult the source and applicable court rules. Hindi learning guides are original explanations, not a statutory translation.Read the original schedule and amendment notes
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 9. Courts to try all civil suits unless barred
- 11. Res judicata
- 12. Bar to further suit
- 13. When foreign judgment not conclusive
- 14. Presumption as to foreign judgments
- 15. Court in which suits to be instituted
- 16. Suits to be instituted where subject-matter situate
- 17. Suits for immovable property situate within jurisdiction of different Courts
- 18. Place of Institution of suit where local limits of jurisdiction of Courts are uncertain
- 19. Suits for compensation for wrongs to person or movables
- 20. Other suits to be instituted where defendants reside or cause of action arises
- 21. Objections to jurisdiction
- 21A. Bar on suit to set aside decree on objection as to place of suing
- 22. Power to transfer suits which may be instituted in more than one Court
- 23. To what Court application lies
- 24. General power of transfer and withdrawal
- 25. Power of Supreme Court to transfer suits, etc
- 26. Institution of suits
- 27. Summons to defendants
- 28. Service of summons where defendant resides in another State
- 29. Service of foreign summonses
- 30. Power to order discovery and the like
- 31. Summons to witness
- 32. Penalty for default
- 33. Judgment and decree
- 34. Interest
- 35. Costs
- 35A. Compensatory costs in respect of false or vexatious claims or defences
- 35B. Costs for causing delay