Section 10 of the Code of Civil Procedure, 1908 (CPC) is titled "Stay of suit". This section provides that if there are two or more suits pending in different courts between the same parties and on the same subject matter, any party to such suits may apply to one of the courts for a stay of the proceedings in the other suit or suits.
The purpose of Section 10 of the CPC is to prevent the multiplicity of proceedings and avoid inconsistent decisions in cases involving the same parties and subject matter. If a party has filed multiple suits in different courts, the court where the first suit was filed has the discretion to stay the proceedings in the subsequent suits until the first suit is decided.
The key features of Section 10 of the CPC in Bangladesh are as follows:
Same parties: The suits must involve the same parties, either as plaintiffs or defendants.
Same subject matter: The suits must be on the same subject matter, meaning that the issues raised in both suits must be identical or substantially similar.
Pending in different courts: The suits must be pending in different courts. If the suits are pending in the same court, there is no need for a stay order.
Application for stay: Any party to the suit may apply to one of the courts for a stay of the proceedings in the other suit or suits.
It is important to note that the grant of a stay of proceedings under Section 10 of the CPC is discretionary and depends on the specific facts and circumstances of each case. The party seeking a stay of proceedings must establish that there are sufficient grounds for the court to grant the stay.