CPC Case Brief – Indian Bank v. Maharashtra State Coop. Marketing Federation

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You can grab notes on other topics of CPC here.

  • The word ‘Trial’ is of wide import. It includes all proceeding from the stage of an institution in a plaint, to the stage of final determination and decree by the court.
  • Section 10 (res sub judice) only bars commencement of trial in two courts simultaneously but does not bar institution of suit or passing of interlocutory orders.
  • In the context of summary suits (order 37) for the purposes of Section 10, a trial begins with the court granting leave to the defendant and court can proceed with issuing summons and passing judgment if the defendant hasn’t applied for leave of the court or has failed to get leave of the court.

You can grab notes on other topics of CPC here.

 


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