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    <title>1982 (7) TMI 268 - CALCUTTA HIGH COURT</title>
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    <description>Section 10 of the Code of Civil Procedure applies where the matter directly and substantially in issue is substantially the same in two suits, and the test is the identity of the underlying controversy rather than the form of the cause of action or the exact relief claimed. A later suit is not saved merely because it includes an additional claim, such as demurrage, if both proceedings arise from the same contract and transactions. A reservation of the right to sue separately does not prevent the stay where the core dispute remains common to both actions. On that basis, the later suit was properly stayed.</description>
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    <pubDate>Wed, 28 Jul 1982 00:00:00 +0530</pubDate>
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      <title>1982 (7) TMI 268 - CALCUTTA HIGH COURT</title>
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      <description>Section 10 of the Code of Civil Procedure applies where the matter directly and substantially in issue is substantially the same in two suits, and the test is the identity of the underlying controversy rather than the form of the cause of action or the exact relief claimed. A later suit is not saved merely because it includes an additional claim, such as demurrage, if both proceedings arise from the same contract and transactions. A reservation of the right to sue separately does not prevent the stay where the core dispute remains common to both actions. On that basis, the later suit was properly stayed.</description>
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      <pubDate>Wed, 28 Jul 1982 00:00:00 +0530</pubDate>
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