Res- Subjudice or Stay of suit sec.10 CPC

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Section 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 having 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.

Res- a subject matter
Subjudice- matter is pending

Stay of Suit means to stop a proceeding of a suit.

- subject matter is same
- parties are same
- it is already pending before a competent court.
- to prevent person from multiplicity of proceeding and to avoid a conflict of decision.
- no court shall proceed with any suit in which the matter in issue is also directly in issue in a prior suit between the same parties.
- the pendency of a suit in a prior court does not preclude the court in India from trying a suit founded on the same cause of action.
- The section does not bar the institution of a suit ,but only bar a trial.

( Trial means proceeding from institution of suit to decree.) 

Object- 
 - To prevent the court from deciding two similar suits in respect same cause of action between the same parties.
- To prevent multiplicity proceeding and to prevent abuse of legal process.


 Essential condition - 

 - prior suit must be pending.
- The plaintiff must have filed another suit against the same defendant on the same cause of action.
- The matter in issue in between the two suits must be the same.
- Suits must be between the same parties.
- Both parties must be litigating under the same title between both the suits.
- The previous suit must be pending in the same court or 
            - in any court in India.
            - Supreme Court of India.
            - any court outside India which is 
              established by central government.

Exception- 
    
The rule applies to trial of a suit and not the institution thereof .It also does not preclude a court from passing interim orders, such as grant of injunction or stay, appointment of receiver etc.

 Case Law 

 Manohar Lal  Vs. Seth Harilal ,AIR 1962 SC 527 

 Supreme Court in this case held that the provisions contained in section 10 are mandatory discretion is left with the court.

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