AIR 1957 ASSAM 120

Assam High Court

Hon'ble Judge(s): Sarjoo Prasad , C.J. AND Ram Labhaya , J

(A) Civil P.C. (5 of 1908) , S.10, S.151— Scope - Previous suit constituting abuse of process of Court - Stay of subsequent suit not necessary. Although the subject-matter of the two suits is identical, S. 10 has no application when suit is instituted which constitutes an abuse of the process of the Court. If a suit is filed in order to forestall a suit which is filed subsequently in another Court, or if a suit is filed which is vexatious and frivolous, or if a suit is filed in violation of contractual obligation to have the matter adjudicated upon in another Court, S. 10 would not apply and the Court may in the exercise of its inherent power decline to stay a subsequently instituted suit on the ground that the suit first instituted constitutes an abuse of the process of the Court. The principle is that if the previous suit can be regarded as an abuse of the process of Court, it would not be a suit, the benefit of which may be taken for the purpose of S. 10. The Court would not lend its aid to a litigant or a suitor who seeks to take advantage to which he could not be entitled or which he is disentitled for claiming by reason of his own conduct. Anno : AIR Com. C.P.C., S. 10, N. 2; S. 151, N. 2. (B) Civil P.C. (5 of 1908) , S.115— Exercise of jurisdiction with material....