Supreme Court · 1998 INSC 217 · Decided 5 May 1998
Indian Bank v. Maharashtra State Co-Operative Marketing Federation LTD.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 217 · [1998] 3 S.C.R. 187
- Case number
- CIVIL APPEAL No. 2580/1998
- Decided
- 5 May 1998
- Bench
- S.C. AGRAWAL, G.T. NANAVATI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 10
Headnote
Code of Civil Procedure, 1908 : A B S.10, Order XXXVJJ-Trial of Suit-Stay of-Summary suit file under C Order 37-Dependent seeking stay of the suit on the ground that it has already filed a regular suit in respect of the dispute between the parties­ Single Judge of the High Court declining to only to a regular suit and not to a summary suit-Division Bench of the High Court, in appeal, held that s. 10 D applies to summary suit also and the word 'trial' cannot be construed in a narrow sense but would mean entire proceedings after defendant entered his appearance-Held, provisions of s.10
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