SECTION 10: STAY OF SUIT
— Stay of suit — Scope — The object of section 10 is to prevent courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of same matter in issue and thus the insertion of S. 10 is to avoid two parallel trials on the same issues — Even if the cause of action and some consequential relief prayed for is added and/or some of the issues in a former and subsequent suit may differ, that will not be a ground for non-application of S. 10 — Final decision in the earlier suit may either operate as res judicata or materially affect the proceedings and trial of subsequent suit. [2024 CLS 2 = 2024 CLC 18]
— Stay of suit — Scope — The legislature has purposely carved out the language of section 10 to include all those issues which are directly and substantially in issue in previously instituted suit and does not talk about identical and similar nature of issues and reliefs — It is enough if the relief claimed in the subsequent suit is somehow directly and substantially linked with the earlier one — Any formal or informal addition of a party having no substantial effect to the proceedings and the relief claimed, will not materially affect the operation of S. 10, CPC. [2024 CLS 2 = 2024 CLC 18]