subsequent suit has to be directly and substantially the same as in
the previous suit, and thus, the suits which are based on different
cause ... prevent
Courts of concurrent jurisdiction from simultaneously
trying two parallel suits in respect of the -same matter
in issue. The object underlying Section
subsequent suit for partition of the properties not
included in the previous suit? If yes, can the said suit
be adjudicated parallel to the pending ... substantially similar in both the suits.
Further, the adjudication of present suit would lead to
adjudication of two parallel trials."
45. On perusal
prevent Courts of
concurrent jurisdiction from simultaneously trying two parallel
suits in respect of the -same matter in issue. The object
underlying Section ... prevent Courts of
concurrent jurisdiction from simultaneously trying two parallel
suits between the same parties in respect of the same matter in
issue. The fundamental
prevent courts of concurrent jurisdiction from
simultaneously trying two parallel suits in respect
of the same matter in issue. The object
underlying Section ... suit which is
sought to be stayed is directly and substantially in issue
in the previously instituted suit. Admittedly the parties in
both the suits
issue in the third suit is
substantially in issue in the earlier two suits, the trial of the third
suit is liable to be stayed ... prevent courts of concurrent jurisdiction from simultaneously
trying two parallel suits in respect of the same matter in issue.
Complete identity of the subject-matter
prevent courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of the same matter in issue. The object underlying Section ... prevent courts of concurrent jurisdiction from simultaneously trying two parallel suits between the same parties in respect of the same matter in issue. The fundamental
Bombay suit. The Bombay suit should be stayed under Section 10 until the hearing and final disposal of the Calcutta Suit. Mr. Ghosh next referred ... subsequent suit must be directly and substantially in issue in the previous suit. In that case the subject-matter of two suits must be identical
test is whether the
previously instituted suit and subsequently suit were parallel, that is to say, if the
first suit was determined, the question raised ... subsequent suit, if
the earlier suit has been dismissed? In our opinion, if the answer is in
affirmative, the subsequent suit
prevent
Courts of concurrent jurisdiction from simultaneously
trying two parallel suits in respect of the same matter in
issue. The object underlying Section ... prevent Courts of concurrent jurisdiction from
simultaneously trying two parallel suits between the
same parties in respect of the same matter in issue. The
fundamental
suits,
(d) the suits must be pending before the competent
Court or Courts,
(e) the suit which shall be stayed is the
subsequently instituted suit ... earlier
suit and the present suit are different as in the previous suit
the relief was of declaration and in the present suit
