https://www.taxtmi.com/caselaws?id=197707 Section 10 of the Code of Civil Procedure, 1908 does not bar a summary suit under Order 37 from proceeding up to the stage of hearing the summons for judgment and deciding whether leave to defend should be granted. The Court held that Section 10 is a procedural provision meant to prevent parallel trials and inconsistent findings, but in a summary suit the proceedings are not in a contested trial stage until leave to defend is granted. Accordingly, "trial" for Section 10 purposes begins only after leave to defend is allowed. en-us Tue, 05 May 1998 00:00:00 +0530 Fri, 12 Jan 2018 16:36:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197707 Section 10 of the Code of Civil Procedure, 1908 does not bar a summary suit under Order 37 from proceeding up to the stage of hearing the summons for judgment and deciding whether leave to defend should be granted. The Court held that Section 10 is a procedural provision meant to prevent parallel trials and inconsistent findings, but in a summary suit the proceedings are not in a contested trial stage until leave to defend is granted. Accordingly, "trial" for Section 10 purposes begins only after leave to defend is allowed. Case-Laws Companies Law Tue, 05 May 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197707