Supreme Court of India

Aspi Jal v Khushroo Rustom Dadyburjor

(2013) 4 SCC 333; AIR 2013 SC 171220131 min read
The case in brief30-second read
Facts
Landlords filed two eviction suits against the tenants on the ground of non-user and later a third suit on the same ground for non-user in the six months before that suit. The trial court stayed the third suit under S.10 and the Bombay High Court upheld the stay under Article 227.
Issue
Whether the third suit was liable to be stayed under S.10 because the earlier suits were pending.
Held
For S.10 the entire subject matter of the two suits must be the same; it does not apply where only some matters in issue are common. The test is whether the plaintiff could get the same relief in the later suit if the earlier suit were dismissed. The grounds were similar but the causes of action (non-user for different periods) were different. The stay was set aside and the appeal allowed.
Principle
S.10 CPC applies only when the entire subject matter of the two suits is the same; it does not apply merely because some issues are common
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Facts

  • Landlords filed two eviction suits against the tenants on the ground of non-user and later a third suit on the same ground for non-user in the six months before that suit. The trial court stayed the third suit under S.10 and the Bombay High Court upheld the stay under Article 227.

Issue

  1. Whether the third suit was liable to be stayed under S.10 because the earlier suits were pending.

Held

  • For S.10 the entire subject matter of the two suits must be the same; it does not apply where only some matters in issue are common. The test is whether the plaintiff could get the same relief in the later suit if the earlier suit were dismissed. The grounds were similar but the causes of action (non-user for different periods) were different. The stay was set aside and the appeal allowed.

Ratio decidendi

"Matter in issue" in S.10 means the entire subject matter in controversy, not any of the questions in issue.

Exam use

How to use it in an answer

Use with NIMHANS to apply the identity test, especially for successive suits on recurring causes of action.

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Citation

Aspi Jal v Khushroo Rustom Dadyburjor (2013) 4 SCC 333; AIR 2013 SC 1712

Reported: https://indiankanoon.org/doc/114488631/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.