Reviewed case brief

Indian Bank v Maharashtra State Cooperative Marketing Federation Ltd.

AIR 1998 SC 1952

## Summary

section-10-cpcsub-judicedirectly-and-substantially-in-issuestay-of-suit
Court
Supreme Court of India
Year
1998
Subjects
Civil Procedure Code and Law of Limitation
Reviewed
2026-07-22

Rule established

Section 10 CPC (stay of suit on ground of sub judice) applies only where the matter in issue in the subsequent suit is directly and substantially in issue in a previously instituted suit between the same parties, litigating under the same title, in a court of competent jurisdiction; it does not apply merely because there is some connection or overlap in subject matter, and courts must examine the issues closely before granting a stay.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        AIR 1998 SC 1952; standard casebook authority on the strict requirements for Section 10 CPC stay, cross-verify citation before exam use

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.