Indian Bank v Maharashtra State Coop. Marketing Federation (1998)

CPC & Limitation Act · Transfer of Cases (ss.22–25)

Facts.

A summary suit under Order 37 was sought to be stayed under s.10 because an ordinary suit on the same matter was pending.

Issue.

Does the s.10 bar on proceeding with the “trial” stop interim orders, and does it apply to a summary suit?

Held.

The word “trial” in s.10 does not bar the court from passing interim orders; and s.10 does not apply to a summary suit under Order 37 until leave to defend is granted.

Why it matters.

Fixes the practical limits of the stay under s.10 (Topic 4) — a stay pauses the trial, not the whole case.

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