• Civil Procedure Code, 1908 (V of 1908) S.  10 - Granting stay in the subsequent suit that contains substantially other properties and other parties and the adjudication with reference to the remaining properties will be grossly inequitable and cause prejudice to the plaintiffs -  An application under Section 10 of the C.P.C., though it reads that the court shall stay the subsequent suit if there is a matter in issue, which is directly and substantially in issue in the previously instituted suit, it should be understood that the court's discretion is not fettered if adjudication on all issues raised in subsequent suit are not all covered in the previously instituted suit and stay of such subsequent suit will cause substantial prejudice. (173) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S.  10 - Parties to both the civil suits are the same and the first suit is undisputedly of prior instructions - But the subject matter and relief claimed in both the suits are entirely different - The second suit involved different issue as compared to the first suit - All the findings recorded in the first suit would not operate as res judicata<D> and as such proceedings of the subsequent suit cannot be and should not be stayed by the Court below.  (183) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S.  11, Explanation (V) - Employees Compensation Act, 1923 (8 of 1923) S. 4-A - Interest - In petition, compensation alongwith interest was prayed for as also penalty. Therefore, claim of interest was very much of a subject matter of main proceedings, but the first judgment which awarded compensation, did not grant interest although the same was specifically prayed for - Once the claim was made in the main proceedings and it was declined, that prayer is deemed to be dismissed or at least not allowed in view of Explanation (V) to Section 11 CPC it was upon the workmen to challenge the principal award. (174) P.L.R. (Del.)


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