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Issues: Whether the bar under Section 10 of the Code of Civil Procedure, 1908 applies to a summary suit filed under Order 37 of the Code, and when the "trial" of such a suit begins for the purposes of that provision.
Analysis: Section 10 is a procedural rule intended to prevent parallel trials of suits involving the same matter in issue and to avoid inconsistent findings. Its object does not require the word "trial" to be given its widest meaning in every context. Order 37 creates a special summary procedure aimed at expeditious disposal, under which the defendant first enters appearance and then seeks leave to defend. Until leave to defend is granted, the court is not at the stage of adjudicating the suit on contest. Reading Section 10 harmoniously with Order 37, the prohibition against proceeding with trial in Section 10 cannot be treated as barring all steps in a summary suit from its institution onward.
Conclusion: Section 10 does not bar the court from proceeding with a summary suit up to the stage of hearing the summons for judgment and granting or refusing leave to defend; the "trial" in a summary suit begins only after leave to defend is granted.
Ratio Decidendi: In the context of a summary suit under Order 37, the word "trial" in Section 10 of the Code of Civil Procedure, 1908 is not to the entire proceedings from institution of the suit, but begins only after leave to defend is granted.
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