--Ss. 10 & 151---Stay of suit--Scope--For attracting application of the provisions of S. 10 of the Code of CH Procedure 1980 ("C.P.C."), the matter in issue or matters in issue, if there were more than one, must be and substantially the same--

2021 S C M R 1446

 Civil Procedure Code (V of 1908)---

----Ss. 10 & 151---Stay of suit--Scope--For attracting application of the provisions of S. 10 of the Code of CH Procedure 1980 ("C.P.C."), the matter in issue or matters in issue, if there were more than one, must be and substantially the same---Where some of the matters is issue in the subsequent suits were same and some were not, dhen proceedings of that (subsequent) suit could not be stayed under S. 10, C.P.C.; however, in order to avoid any confilicting finding on the issues that were common in both the suits, the proceedings of both the suits may be consolidated by the court in exercise of its inherent power under S. 151, C.P.C. e securing ends of justice and preventing abuse of the process of the court.

2021 S C M R 1446