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Provisions of section 10 of CPC are
Directory
Mandatory
Non mandatory
Discretionary
he object of 5-10 is to prevent Courts of concurrent jurisdiction . from simultaneously, trying two parallel cases, in respect of same matter in issue. When two or more cases are filed - - Between the ' same parties, on the same subject matter, in two or more different Courts, the competent court has power to "Stay Proceedings" of another Court. The rule of sub judice applies to .the trial of a suit and not to its institution. Pendency of a. suit in a foreign court does not come under section 10. Section 10 is not applicable to criminal cases and applies to suits and appeals only. The two fold objects are - A void wasting Court Resources & Avoid Conflicting decisions. It is a mandatory provision and not merely,directory.
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