Section 10 of the Code of Civil Procedure, 1908 – 

(i) Does not take away power of the court to examine the merits of the matter.  

(ii) If the court is satisfied that subsequent suit can be decided purely on legal point, it is open to the court to decide such suit.      

(iii) A decree passed in contravention of section 10 CPC, can be disregarded in execution proceedings. 

(iv) A decree passed in contravention of above provision is not a null and void, and therefore, cannot be disregarded in execution proceedings.  

(v) Section 10 CPC lays down a rule of procedure, which can be waived by a party.  

(vi) The provisions contained in section10 CPC are mandatory and no discretion is left with the court. Therefore, it lays down a rule of procedure, which cannot be waived by the party.  

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