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    <title>1957 (3) TMI 66 - CALCUTTA HIGH COURT</title>
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    <description>An order refusing stay under Section 10 CPC and an order refusing to revoke leave under Clause 12 of the Letters Patent are appealable as judgments when they affect jurisdictional rights and the forum in which the suit may proceed. A later suit must be stayed if the matter directly and substantially in issue is already pending in an earlier suit, even where the reliefs are not identical or an additional party is joined, because the real inquiry is identity of the substantive controversy between the parties in contest. Leave under Clause 12 was not liable to be revoked where part of the cause of action arose locally and no sufficient ground for interference was shown.</description>
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    <pubDate>Fri, 01 Mar 1957 00:00:00 +0530</pubDate>
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      <title>1957 (3) TMI 66 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=200030</link>
      <description>An order refusing stay under Section 10 CPC and an order refusing to revoke leave under Clause 12 of the Letters Patent are appealable as judgments when they affect jurisdictional rights and the forum in which the suit may proceed. A later suit must be stayed if the matter directly and substantially in issue is already pending in an earlier suit, even where the reliefs are not identical or an additional party is joined, because the real inquiry is identity of the substantive controversy between the parties in contest. Leave under Clause 12 was not liable to be revoked where part of the cause of action arose locally and no sufficient ground for interference was shown.</description>
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      <pubDate>Fri, 01 Mar 1957 00:00:00 +0530</pubDate>
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