Acme Papers Ltd. vs Chintaman Developers Pvt Ltd 2024 INSC 248 – Ss 10,15-20, 25 CPC

Code of Civil Procedure, 1908; Section 15-20 – Section 20, CPC, which provides that a suit can be initiated where the defendant resides or cause of action arises is a residuary provision only applicable to cases beyond those in Section 15 to 19, CPC.- Referred to Harshad Chiman Lal Modi v. DLF Universal Ltd., (2005) 7 SCC 791. (Para 6)

Code of Civil Procedure, 1908; Section 10,25 –While considering a Transfer Petition under Section 25, CPC regard must be had for Section 10, CPC – Section 10, CPC inter alia mandates that no Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue between the parties, litigating under the same title, where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed. It has been incorporated to avoid multiplicity of proceedings on issues which are directly and substantially in issue in the previously filed suit. – Referred to Gupte Cardiac Care Centre and Hospital v. Olympic Pharma Care (P) Ltd., (2004) 6 SCC 756 (Para 7)

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