Applicability of S.10 of the Code - Conditions for applicability

CPC : S.10 - Applicability of S.10 of the Code - Conditions for applicability are : (i) There has to be two suits, one previously instituted and the other subsequently instituted; (ii) The matter in issue in the subsequent suit must be directly and substantially the same as in the previous suit; (iii) Both the suits ought to be between the same parties; (iv) The previously instituted suit should be pending in the same court or any other court in India; (v) The court in which the earlier suit is pending must have jurisdiction to grant the relief claimed in the subsequent suit; and (vi) Parties to both the suits must be litigating under the same title - If any one of the conditions is lacking, the provision will not apply. LawMirror.com File Number 36689