Code of Civil Procedure, 1908
10.Stay of suit.-
No
Court shall proceed with the trial of any suit in which the matter in issue is
also directly and substantially in issue in a previously instituted suit
between the same parties, or between parties under whom they or any of them
claim litigating under the same title where such suit is pending in the same or
any other Court in {Subs. by Act 2 of 1951, s.3, for "the States".}
[India] having jurisdiction to grant the relief claimed, or in any Court beyond
the limits of {Subs. by Act 2 of 1951, s.3, for "the States".}
[India] established or continued by {Subs. by the A.O.1937 for "the G.G.in
C ".} [the Central Government {The words "or the Crown
Representative" rep. by the A.O.1948.}] and having like jurisdiction, or
before {Subs. by the A.O.1950 for "His Majesty Council".} [the
Supreme Court].
Explanation.-The pendency of a suit in a foreign Court does not preclude
the Courts in {Subs. by Act 2 of 1951, s.3, for "the States".}
[India] from trying a suit founded on the same cause of action.