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Guidelines for Drafting an Application under Section 10 read with Section 151 CPC
Purpose:
An application under Section 10 read with Section 151 of the CPC seeks a stay of proceedings in a subsequent suit when a previously instituted suit involving the same matter is pending. Section 10 addresses the principle of res sub judice, preventing parallel litigation, while Section 151 empowers the court to exercise its inherent powers to secure the ends of justice.
Usage:
Utilized to avoid conflicting judgments by ensuring that only one suit proceeds when multiple suits involve the same parties and the same matter.
Applied in cases where the issues in the subsequent suit are directly and substantially in issue in a previously instituted suit pending in the same or any other competent court.
Drafting Steps:
Title and Court Details: Clearly title the application and address it to the appropriate court where the subsequent suit is pending.
Party Information: Provide complete details of the applicant(s) and the respondent(s).
Case Details: Mention the case number, court name, and the dates of both the previously instituted suit and the subsequent suit.
Grounds for Stay: Clearly state the grounds for seeking a stay, emphasizing the similarity of the issues in both suits and the potential for conflicting judgments.
Legal Basis: Cite Section 10 CPC for the stay of proceedings and Section 151 CPC for the court's inherent power to ensure justice.
Supporting Documents: Attach copies of relevant documents, including the plaints of both suits and any other pertinent court orders.
Prayer for Relief: Specify the relief sought, i.e., a stay of proceedings in the subsequent suit until the disposal of the previously instituted suit.
Verification: End with a verification clause affirming the correctness of the contents.
Common Mistakes to Avoid:
Insufficient Grounds: Ensure the issues in both suits are directly and substantially the same.
Lack of Specificity: Be specific about the grounds for seeking the stay and the legal basis for the application.
Failure to Attach Documents: Include all necessary supporting documents to substantiate the claim.
Ignoring Procedural Requirements: Adhere strictly to procedural rules and ensure timely filing of the application.
By following these guidelines, you can effectively draft an application under Section 10 read with Section 151 CPC, seeking to stay proceedings in a subsequent suit and ensuring a fair and just legal process.