Stay & Injunction · Section 10, Code of Civil Procedure, 1908

Application under Section 10 CPC for Stay of Suit

Application seeking stay of a subsequently instituted civil suit where the matter in issue is also directly and substantially in issue in a previously instituted suit.

Public preparation checklist

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Prepare this format carefully

Review the questions for this proceeding and confirm each answer against your case record.

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Present court and suit

Use the cause title from the suit sought to be stayed.

Name/designation of presiding judge *

Court location *

Present suit number *

Present suit year *

Plaintiff(s): complete cause-title particulars *

Defendant(s): complete cause-title particulars *

Nature of present suit *

Present suit hearing date *

Previously instituted suit

Section 10 requires a previously instituted suit that is still pending before a court competent to grant the claimed relief.

Complete title of earlier suit *

Earlier suit number *

Earlier suit year *

Date earlier suit was instituted *

Earlier court and presiding judge *

Earlier court location/state *

Current stage of earlier suit *

Next hearing date in earlier suit *

Relief claimed in earlier suit *

Common parties and issues

State exactly how the statutory conditions are met.

Both suits are between the same parties or parties claiming under them *

The parties litigate under the same title in both suits *

The earlier court is competent to grant the relief claimed in the present suit *

Matter directly and substantially in issue in both suits *

Common property/subject matter: area, khasra numbers, record year and location *

Applicant’s appearance and pleadings in the earlier suit *

Where the earlier suit is disclosed in the present plaint *

Signing

Name of Defendant No. 1/applicant *

Name of counsel *

Place of signing *

Date of signing *

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Legal notice: This page is an informational preparation aid and not legal advice. It does not confirm maintainability, limitation, jurisdiction or entitlement to relief. Have a qualified advocate review the applicable law, facts and local court rules before filing anything.