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Criminal Procedure Code QUESTION #9476
Question 1
Two suits are pending simultaneously: Suit I filed by A against B in Civil Court Lahore for breach of a contract to sell land, and Suit II filed by B against A in Civil Court Karachi for specific performance of the same contract. Both suits involve the same parties and the same contract. Karachi Court is asked to stay Suit II. What should the Karachi Court do?
  • Dismiss Suit II outright since only one suit is permissible
  • Stay Suit II since the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties, and Lahore Court has jurisdiction to grant the relief claimed✔️
  • Refuse to stay Suit II since it was filed in a different city by a different plaintiff
  • Transfer both suits to a neutral Court
Correct Answer Explanation
Section 10 CPC mandates that no Court shall proceed with trial of any suit where the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties pending in any other Court in Pakistan having jurisdiction. Suit I was instituted first; Suit II must be stayed.