Sample Application under Section 10 of the Code of Civil Procedure, 1908

IN THE COURT OF [COURT NAME] AT [PLACE]

Civil Suit No. ___ of 2023

Plaintiff: [Name]

Defendant: [Name]

APPLICATION UNDER SECTION 10 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR STAY OF SUIT

The Defendant above-named most respectfully submits as follows:

1. That the Plaintiff has filed the present suit before this Hon'ble Court.
2. That the Defendant states that previously a suit between the same parties and involving the same subject matter is pending before [Name of Court] being Suit No. ___ of 2023.
3. That the matter directly and substantially in issue in the present suit is also directly and substantially in issue in the previously instituted suit.
4. That the trial of the present suit would amount to multiplicity of proceedings and may lead to conflicting decisions.
5. That Section 10 of the Code of Civil Procedure, 1908 provides that no Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties.

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to stay the proceedings of the present suit until the disposal of the previously instituted suit.