https://www.taxtmi.com/caselaws?id=197587 Section 10 CPC applies only where the entire matter in controversy in the later suit is directly and substantially the same as in a previously instituted suit between the same parties, and the earlier court is competent to grant the relief. The governing test is whether a decision in the earlier suit would operate as res judicata in the later suit. Common parties and a shared broad ground, such as eviction for non-user, are not enough if the factual basis or cause of action differs. On the stated facts, the period of alleged non-user in the third suit was distinct, so the stay was unsustainable and Section 10 was not attracted. en-us Fri, 05 Apr 2013 00:00:00 +0530 Wed, 10 Jan 2018 14:15:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197587 Section 10 CPC applies only where the entire matter in controversy in the later suit is directly and substantially the same as in a previously instituted suit between the same parties, and the earlier court is competent to grant the relief. The governing test is whether a decision in the earlier suit would operate as res judicata in the later suit. Common parties and a shared broad ground, such as eviction for non-user, are not enough if the factual basis or cause of action differs. On the stated facts, the period of alleged non-user in the third suit was distinct, so the stay was unsustainable and Section 10 was not attracted. Case-Laws Indian Laws Fri, 05 Apr 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197587