Doctrine of Res-subjudiceDoctrine of Res-subjudiceStay of suit – Section 10 of C.P.C.Stay of suit – Section 10 of C.P.C.

10 Stay of suit- 10 Stay of suit- No court shall proceedNo court shall proceed with the with the trial of any suittrial of any suit in which in which the the matter in issuematter in issue is also is also directly and substantially in issuedirectly and substantially in issue in in a a previously instituted suitpreviously instituted suit between the same partiesbetween the same parties, or , or between parties under whom they or any of them claim between parties under whom they or any of them claim litigating litigating under the same titleunder the same title where such where such suit is pending in suit is pending in the same or any other court inthe same or any other court in [India] having jurisdiction to [India] having jurisdiction to grant the relief claimed, or in any court beyond the limits grant the relief claimed, or in any court beyond the limits [India] established or continued by the Central Government [India] established or continued by the Central Government and having like jurisdiction, or before Supreme Court.and having like jurisdiction, or before Supreme Court.

Explanation. The pendency of a suit in a foreign court does not Explanation. The pendency of a suit in a foreign court does not preclude the courts in India from trying a suit founded on the preclude the courts in India from trying a suit founded on the same cause of actionsame cause of action

Important Points :- Section 10 of the C.P.C. deals with the stay Important Points :- Section 10 of the C.P.C. deals with the stay of the suit and it states that no court shall proceed with the of the suit and it states that no court shall proceed with the trial of any suit in which the matter in issue (directly or trial of any suit in which the matter in issue (directly or substantially in issue) in a previously instituted suit between substantially in issue) in a previously instituted suit between the same parties and the court in which the previous suit is the same parties and the court in which the previous suit is pending is competent to grant relief.pending is competent to grant relief.

Essential Condition for Essential Condition for Application of Section 10Application of Section 10

There are two suits, one is previously There are two suits, one is previously instituted and other subsequently instituted.instituted and other subsequently instituted.

The matter in issue in the subsequent suit is The matter in issue in the subsequent suit is (directly and substantially in issue) in the (directly and substantially in issue) in the previous suit.previous suit.

The parties to both the suit are the same.The parties to both the suit are the same. The previously instituted suit must be The previously instituted suit must be

pending.pending. The court in which the previous suit is The court in which the previous suit is

pending has jurisdiction to grant the relief pending has jurisdiction to grant the relief claimed in the subsequent suit.claimed in the subsequent suit.

Both the parties are litigating under the same Both the parties are litigating under the same title in both the suits. title in both the suits.

IllustrationIllustration B, residing in calcutta, has an agent A at B, residing in calcutta, has an agent A at

Calicut employed to sell his goods there. Calicut employed to sell his goods there. A sues B in Calicut claiming a balance A sues B in Calicut claiming a balance due upon an account in respect of due upon an account in respect of dealing between him and B.dealing between him and B.During the pendency of the suit in During the pendency of the suit in Calicut, B instituted a suit against A in Calicut, B instituted a suit against A in Calcutta for an account and for Calcutta for an account and for damages caused A’s alleged negligence.damages caused A’s alleged negligence.

The suit at Calcutta shall not proceed.The suit at Calcutta shall not proceed.

Doctrine of Res-judicata Doctrine of Res-judicata Section 11 - Section 11 - --No Court shall tryNo Court shall try any any suit or issuesuit or issue in in

which the which the matter directly and matter directly and substantially in issuesubstantially in issue has been has been directly directly and substantially in issue and substantially in issue in a in a former former suitsuit between the between the same partiessame parties, or , or between parties under whom they or between parties under whom they or any of them claim, any of them claim, litigating under the litigating under the same titlesame title, , in a court competent to tryin a court competent to try such such subsequent suitsubsequent suit or the suit in or the suit in which such issue has been which such issue has been subsequently raised, and has been subsequently raised, and has been heard and finally decided by such heard and finally decided by such CourtCourt. .

Essentials Essentials No Court shall tryNo Court shall try any any suit suit or or No Court shall tryNo Court shall try any any issue issue in which (in present suit) the in which (in present suit) the matter directly and matter directly and

substantially in issuesubstantially in issue has been has been directly and substantially in issue directly and substantially in issue in a in a

former suitformer suit between the between the same partiessame parties, or , or between parties under whom they or any of between parties under whom they or any of

them claim, them claim, litigating under the same titlelitigating under the same title, , in a court competent to tryin a court competent to try such such subsequent suitsubsequent suit or or the suit in which such issue has been the suit in which such issue has been

subsequently raised, and subsequently raised, and has been has been heard and finally decided by such heard and finally decided by such

Court (former court) Court (former court) . .

History of Res-judicataHistory of Res-judicata This doctrine is very ancient and well This doctrine is very ancient and well

accepted in Hindu Jurists under heading accepted in Hindu Jurists under heading Purvanyaya.Purvanyaya.

Purvanyaya = Former judgement Purvanyaya = Former judgement

Puryanyaya = Puryanyaya = Matters Already DecidedMatters Already Decided

This doctrine is accepted by Muslim JuristsThis doctrine is accepted by Muslim Jurists

History of Res-judicataHistory of Res-judicata

Under Roman Law – it was known as Under Roman Law – it was known as “exceptio rei judicatae” “exceptio rei judicatae”

Exceptio rej judicatae = Previous Exceptio rej judicatae = Previous judgementjudgement

Under English Law – It is known as Under English Law – It is known as “interest reipublicae ut sit finis litium” “interest reipublicae ut sit finis litium” i.e. interest of the state lies in that there i.e. interest of the state lies in that there should be limitation to law suits.should be limitation to law suits.

History of Res-judicataHistory of Res-judicata

In the present era the doctrine of res-In the present era the doctrine of res-judicata based on the following maxims:-judicata based on the following maxims:-

Nemo debet lis vaxari pro una eteadem – Nemo debet lis vaxari pro una eteadem – None should be vexed twice for the same None should be vexed twice for the same causecause

Interest reipublicae ut sit finis litium – it is in Interest reipublicae ut sit finis litium – it is in the interest of state that there should be an the interest of state that there should be an end to a litigationend to a litigation

Res-judicata pro veritate occipitur – a judicial Res-judicata pro veritate occipitur – a judicial decision must be accepted as correct.decision must be accepted as correct.

Illustration :- A filed a suit against for breach of a contract. The suit Illustration :- A filed a suit against for breach of a contract. The suit is dismissed. A subsequently filed another suit against B for is dismissed. A subsequently filed another suit against B for damage for breach of contract. damage for breach of contract.

Whether subsequent suit is barred ? Whether subsequent suit is barred ?

Situation I Situation I Suit is dismissed for Suit is dismissed for default.default.

Situation II Situation II Suit is dismissed on Suit is dismissed on contest.contest.

Situation III Situation III Suit is proceeded ex- Suit is proceeded ex-parte and then dismissed.parte and then dismissed.

Matter in Issue Matter in Issue

In a suit matter in issue is classified In a suit matter in issue is classified as follows as follows

Matters in IssueMatters in Issue Matter directly in issue Matter directly in issue Matter substantially in issueMatter substantially in issue Matter collaterally in issueMatter collaterally in issue Matter incidentally in issueMatter incidentally in issue

Matter directly & substantially in Matter directly & substantially in issueissue Matter actually in issueMatter actually in issue Matter constructively in issueMatter constructively in issue

Matter directly & Substantially in Matter directly & Substantially in issue – Exp. IIIissue – Exp. III

Illustration 1 :- A files a suit against B for rent dues. Illustration 1 :- A files a suit against B for rent dues. The defence taken by B that there is no rent due. The defence taken by B that there is no rent due. Comment Comment Here in this illustration Here in this illustration Matter in issue Matter in issue claim claim

for rent for rent

Illustration 2 :- A files a suit against B for possession of Illustration 2 :- A files a suit against B for possession of a property on the basis of a sale deed in his favour. B a property on the basis of a sale deed in his favour. B taken the defence that the deed is fictitious. This suit is taken the defence that the deed is fictitious. This suit is dismissed and it is held that deed is fictitious. dismissed and it is held that deed is fictitious.

A subsequent suit for some other properties on the A subsequent suit for some other properties on the basis of the same sale deed has been filed. basis of the same sale deed has been filed.

whether the question of res judicata shall apply if yes whether the question of res judicata shall apply if yes they why?they why?

Comment :- The matter in issue in the former suit is Comment :- The matter in issue in the former suit is Entitlement of possession on the basis of genuineness Entitlement of possession on the basis of genuineness of sale deed.of sale deed.

The matter in issue in the subsequent suit The matter in issue in the subsequent suit relief relief demanded on the basis of same sale deed which has demanded on the basis of same sale deed which has been declared fictitious. been declared fictitious.

Hence the subsequent suit is barred by res-judicata.Hence the subsequent suit is barred by res-judicata.

Explanations of Section 11 Explanations of Section 11

Explanation I.- Explanation I.- Definition of FORMER SUIT- Definition of FORMER SUIT- The expression "former suit" shall The expression "former suit" shall

denote a suit which has been decided denote a suit which has been decided prior to the suit in question whether or prior to the suit in question whether or not it was instituted prior thereto.not it was instituted prior thereto.

A suit filed on 20-01-2007 which is A suit filed on 20-01-2007 which is pending for disposal but in case as suit pending for disposal but in case as suit which was filed on 20-01-2008 but which was filed on 20-01-2008 but disposed of, then the suit which has disposed of, then the suit which has been filed on 20-01-2008 shall be called been filed on 20-01-2008 shall be called as Former suit.as Former suit.

Explanations of Section 11Explanations of Section 11 Explanation II. For the purposes of Explanation II. For the purposes of

this section, the competence of a this section, the competence of a court shall be determined court shall be determined irrespective of any provisions as to a irrespective of any provisions as to a right of appeal from the decision of right of appeal from the decision of such Court.such Court.

Determination of Competence of a Determination of Competence of a Court Court

Provisions as to right of appeal from Provisions as to right of appeal from decision of such court decision of such court

Explanations of Section 11Explanations of Section 11 Matter Matter directly & substantially in issue (Exp. III) directly & substantially in issue (Exp. III)

Explanation III. The matter above referred Explanation III. The matter above referred to must in the former suit have been to must in the former suit have been alleged by one party and either denied or alleged by one party and either denied or admitted, expressly or impliedly, by the admitted, expressly or impliedly, by the other.other.

Matter referred to must be present in the Matter referred to must be present in the former suit former suit

The presence of the said matter be in the The presence of the said matter be in the form of allegation by one party andform of allegation by one party and

Responded by other either in the form of Responded by other either in the form of denial, admission (express or implied)denial, admission (express or implied)

Explanations of Section 11Explanations of Section 11 Matter Matter constructively in issue (Exp. IV) constructively in issue (Exp. IV) Constructive res- judicata Constructive res- judicata

Explanation IV. Any matter which Explanation IV. Any matter which might and ought to have been might and ought to have been made ground of defence or attack made ground of defence or attack in such former suit shall be in such former suit shall be deemed to have been a matter deemed to have been a matter directly and substantially in issue directly and substantially in issue in such suit.in such suit.

Illustration Illustration A filed a suit against B for possession of a property A filed a suit against B for possession of a property

on the basis of ownership. On merit suit is dismissed. on the basis of ownership. On merit suit is dismissed. A filed subsequent suit and this time claiming the A filed subsequent suit and this time claiming the possession on the property on the basis that he is possession on the property on the basis that he is mortgagee.mortgagee.

Comment Comment A can not raised this point in the A can not raised this point in the subsequent suit as he ought to take this ground in subsequent suit as he ought to take this ground in the previous suit but he failed to take this point in the previous suit but he failed to take this point in earlier suit so he is barred by law to do so in the earlier suit so he is barred by law to do so in the subsequent suit.subsequent suit.

A filed a suit against B for declaration that he is A filed a suit against B for declaration that he is entitled to certain land as heir of C. The suit entitled to certain land as heir of C. The suit dismissed on merit. A then filed another suit dismissed on merit. A then filed another suit claiming the same property on the ground of adverse claiming the same property on the ground of adverse possession. Comment ?possession. Comment ?

Explanations of Section 11Explanations of Section 11 Explanation V. Any relief claimed Explanation V. Any relief claimed

in the plaint, which is not in the plaint, which is not expressly granted by the decree, expressly granted by the decree, shall for the purposes of this shall for the purposes of this section, be deemed to have been section, be deemed to have been refused.refused.

Explanations of Section 11 Explanations of Section 11 Representative suits (Exp. VI) Vs PILRepresentative suits (Exp. VI) Vs PIL

Explanation VI. Where persons Explanation VI. Where persons litigate bona fide in respect of a litigate bona fide in respect of a public right or of a private right, public right or of a private right, claimed in common for claimed in common for themselves and others, all themselves and others, all persons interested in such right persons interested in such right shall, for the purposes of this shall, for the purposes of this section, be deemed to claim section, be deemed to claim under the persons so litigating.under the persons so litigating.

Explanations of Section 11Explanations of Section 11

[Explanation VII. The provisions of this [Explanation VII. The provisions of this section shall apply to a proceeding for section shall apply to a proceeding for the execution of a decree and the execution of a decree and references in this section to any suit, references in this section to any suit, issue of former suit shall be construed issue of former suit shall be construed as references respectively, to a as references respectively, to a proceeding for the execution of the proceeding for the execution of the decree, question arising in such decree, question arising in such proceeding and a former proceeding proceeding and a former proceeding for the execution of that decree.for the execution of that decree.

Explanations of Section 11Explanations of Section 11

Explanation VIII. An issue heard Explanation VIII. An issue heard and finally decided by a court of and finally decided by a court of limited jurisdiction, competent to limited jurisdiction, competent to decide such issue, shall operate as decide such issue, shall operate as res judicata in a subsequent suit, res judicata in a subsequent suit, notwithstanding that such court of notwithstanding that such court of limited jurisdiction was not limited jurisdiction was not competent to try such subsequent competent to try such subsequent suit or the suit in which such issue suit or the suit in which such issue has been subsequently raisedhas been subsequently raised

Conditions for Res-judicataConditions for Res-judicata

1.-The matter directly and substantially in issue in the 1.-The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which subsequent suit or issue must be the same matter which was directly and substantially in issue either actually was directly and substantially in issue either actually (Explanation III) and constructively (Explanation IV) in (Explanation III) and constructively (Explanation IV) in the former suit. Explanation to be read with this the former suit. Explanation to be read with this condition.condition.

2.- The former suit must have been a suit between the 2.- The former suit must have been a suit between the same parties or between parties under whom they or any same parties or between parties under whom they or any of them claim. (Exp. IV is to be read with this condition)of them claim. (Exp. IV is to be read with this condition)

3.- The parties as aforesaid must have litigated under 3.- The parties as aforesaid must have litigated under the same title in the former suit.the same title in the former suit.

4.- The court which decided the former suit must have 4.- The court which decided the former suit must have been a court competent to try the subsequent suit or the been a court competent to try the subsequent suit or the suit in which such issue is subsequently raised. suit in which such issue is subsequently raised. (Explanation II + VIII)(Explanation II + VIII)

5.- The matter directly and substantially in issue in the 5.- The matter directly and substantially in issue in the subsequent suit must have heard and finally decided by subsequent suit must have heard and finally decided by the court in the first suitthe court in the first suit

Matter in IssueMatter in Issue

Matter in IssueMatter in Issue____________|_________________________|_____________|| | |

Matter directly &Matter directly & Matter collaterallyMatter collaterallySubstantially in issue or incidentally in Substantially in issue or incidentally in ________|______________ Issue________|______________ Issue|| | |Actual in Issue(Ex.III) Constructively in Actual in Issue(Ex.III) Constructively in

issue (Ex. IV)issue (Ex. IV)

Illustration - 1Illustration - 1 A sue B for rent. The defence of B is that no A sue B for rent. The defence of B is that no

rent is due. Here the claim for rent is the matter rent is due. Here the claim for rent is the matter in respect of which relief claimed. – Hence the in respect of which relief claimed. – Hence the “claim of rent” is a matter directly and “claim of rent” is a matter directly and substantially in issue.substantially in issue.

A sues B for two reliefs:- (1) for declaration of A sues B for two reliefs:- (1) for declaration of title upon a land and (2) for the rent of the said title upon a land and (2) for the rent of the said land. land. B denies A’s title and contends that no rent is B denies A’s title and contends that no rent is due. due.

Here in the said problem there are two matters Here in the said problem there are two matters which is directly and substantially in issue i.e. which is directly and substantially in issue i.e. (1) Matter of title (2) claim of rent(1) Matter of title (2) claim of rent

Illustration - 2Illustration - 2 X a Hindu, dies leaving behind a widow. The widow X a Hindu, dies leaving behind a widow. The widow

makes a gift to her brother, B of certain property makes a gift to her brother, B of certain property belonging to her husband. After the death of the belonging to her husband. After the death of the widow. A widow. A Alleging that the he and X were members of a joint Alleging that the he and X were members of a joint family sues B for a declaration that he is entitled to family sues B for a declaration that he is entitled to the property by right of survivoreship. The court the property by right of survivoreship. The court finds that A and X were separate and A’s suit is finds that A and X were separate and A’s suit is dismissed. dismissed. Subsequently, A sues B for recovery of the same Subsequently, A sues B for recovery of the same property, alleging that as the nearest reversionary property, alleging that as the nearest reversionary heir of X, he became entitled to the property on the heir of X, he became entitled to the property on the death of the widow, and that the alienation made by death of the widow, and that the alienation made by her in favour of B was not binding upon him. her in favour of B was not binding upon him.

Whether the suit barred by resjudicata ?Whether the suit barred by resjudicata ?

Since the matter in issue of the former suit was “claim Since the matter in issue of the former suit was “claim of title on the property gifted by widow to the B” of title on the property gifted by widow to the B”

Constructive res-judicata Constructive res-judicata Explanation - IVExplanation - IV

There are four rules on the basis of which concept There are four rules on the basis of which concept of constructive res-judicata can be discussed –of constructive res-judicata can be discussed – Where right claimed in both the suits is the same, the Where right claimed in both the suits is the same, the

subsequent suit will be barred by resjudicata, though the subsequent suit will be barred by resjudicata, though the right in the subsequent suit is sought to be established by right in the subsequent suit is sought to be established by a title different from that in the first suit.a title different from that in the first suit.

If a matter which forms a ground of attack in the If a matter which forms a ground of attack in the subsequent suit could have been alleged as a ground of subsequent suit could have been alleged as a ground of defence in the former suit, but was omitted to be so defence in the former suit, but was omitted to be so alleged in that suit, it will be deemed to have been directly alleged in that suit, it will be deemed to have been directly and substantially in issue in that suit within the meaning and substantially in issue in that suit within the meaning of Explanation IV.of Explanation IV.

Where the right claimed in the subsequent suit is different Where the right claimed in the subsequent suit is different from that in former suit and it is claimed under a different from that in former suit and it is claimed under a different title, then subsequent suit is not barred by resjudicatatitle, then subsequent suit is not barred by resjudicata

It cannot be said of a relief, which if claimed in the first It cannot be said of a relief, which if claimed in the first suit would have made that suit bad for multifariousness, suit would have made that suit bad for multifariousness, that it ought to have been made a ground of attack in that that it ought to have been made a ground of attack in that suit. suit.

Res-judicata Vs EstoppelRes-judicata Vs Estoppel

Estoppel is the part of Evidence Act and Estoppel is the part of Evidence Act and it prevents a person from saying one it prevents a person from saying one thing at one time and contradicting it thing at one time and contradicting it later Where as res-judicata preclude a later Where as res-judicata preclude a man from avowing the same thing in man from avowing the same thing in successive litigation. successive litigation.

Estoppel prohibits the party after the Estoppel prohibits the party after the inquiry has already been entered upon, inquiry has already been entered upon, the proving the the proving the

Under process of development -- Under process of development -- AnshumanAnshuman

Res-judicata Vs Public Res-judicata Vs Public Interest Litigation Interest Litigation

1986 (I) SCC 100 – Forward 1986 (I) SCC 100 – Forward Construction Co. Limited Vs Construction Co. Limited Vs Prabhat Mandal & ors.Prabhat Mandal & ors.

1989 (Suppl. I) SCC 504 – Rural 1989 (Suppl. I) SCC 504 – Rural Litigation and Entitlement Kendra Litigation and Entitlement Kendra Vs State of U.P. Vs State of U.P.

Explanation –IV applies to PIL but Explanation –IV applies to PIL but is applied for PIL Vs PIL and not for is applied for PIL Vs PIL and not for Private Litigation Vs PIL.Private Litigation Vs PIL.

PLACE OF SUE PLACE OF SUE Section 15 to Section 25Section 15 to Section 25 Court in which the suit be instituted Court in which the suit be instituted

Lowest grade competent to try(S.15)Lowest grade competent to try(S.15) Where subject matter situated (subject to pecuniary & Where subject matter situated (subject to pecuniary &

limitation) i.e. where the property situatedlimitation) i.e. where the property situated Recovery of immovable property with or without rent or profit Recovery of immovable property with or without rent or profit Suit for partition, Suit for partition, suit for foreclosures, suit for foreclosures, suit for salesuit for sale Suit for redemptionSuit for redemption Suit for charge Suit for charge Suit for determination of any right or interest in Immovable Suit for determination of any right or interest in Immovable

PropertyProperty Suit for compensation for wrong to immovable propertySuit for compensation for wrong to immovable property Suit for recovery of movable property under attachment Suit for recovery of movable property under attachment

a a aa

11. For Statement of Objects and Reasons, see Gazette of India, 1907, Pt. V, p. 179 ; 11. For Statement of Objects and Reasons, see Gazette of India, 1907, Pt. V, p. 179 ; and for Report of the Select Committee, see Gazette of India, 1908, Pt. V, p. 35, This and for Report of the Select Committee, see Gazette of India, 1908, Pt. V, p. 35, This Act has been amended in its application to- Assam by Assam Acts 2 of 1941 and 8 Act has been amended in its application to- Assam by Assam Acts 2 of 1941 and 8 of 1953 ; Kerala by Kerala Act 13 of 1957 , Madras by Madras Act 34 of 1950 and of 1953 ; Kerala by Kerala Act 13 of 1957 , Madras by Madras Act 34 of 1950 and Madras A. 0., 1954 , Mysore by Mysore Act 14 of 1955, Panjab by Punjab Act 7 of Madras A. 0., 1954 , Mysore by Mysore Act 14 of 1955, Panjab by Punjab Act 7 of 1934 ; Rajasthan by Rajasthan Act 19 of 1958 and U.P. Acts 4 of 1925, 35 of 1948 1934 ; Rajasthan by Rajasthan Act 19 of 1958 and U.P. Acts 4 of 1925, 35 of 1948 and 24 of 1954. [India] having jurisdiction to grant the relief claimed, or in any court and 24 of 1954. [India] having jurisdiction to grant the relief claimed, or in any court beyond the limits of –beyond the limits of –

11. For Statement of Objects and Reasons, see Gazette of India, 1907, Pt. V, p. 179 ; 11. For Statement of Objects and Reasons, see Gazette of India, 1907, Pt. V, p. 179 ; and for Report of the Select Committee, see Gazette of India, 1908, Pt. V, p. 35, This and for Report of the Select Committee, see Gazette of India, 1908, Pt. V, p. 35, This Act has been amended in its application to- Assam by Assam Acts 2 of 1941 and 8 Act has been amended in its application to- Assam by Assam Acts 2 of 1941 and 8 of 1953 ; Kerala by Kerala Act 13 of 1957 , Madras by Madras Act 34 of 1950 and of 1953 ; Kerala by Kerala Act 13 of 1957 , Madras by Madras Act 34 of 1950 and Madras A. 0., 1954 , Mysore by Mysore Act 14 of 1955, Panjab by Punjab Act 7 of Madras A. 0., 1954 , Mysore by Mysore Act 14 of 1955, Panjab by Punjab Act 7 of 1934 ; Rajasthan by Rajasthan Act 19 of 1958 and U.P. Acts 4 of 1925, 35 of 1948 1934 ; Rajasthan by Rajasthan Act 19 of 1958 and U.P. Acts 4 of 1925, 35 of 1948 and 24 of 1954.and 24 of 1954.

[India] established or continued by 22. G.S.R. 15 (E).-In exercise of the powers [India] established or continued by 22. G.S.R. 15 (E).-In exercise of the powers conferred by sub-section (2) of Sec. 1 of the Code of Civil Procedure (Amendment) conferred by sub-section (2) of Sec. 1 of the Code of Civil Procedure (Amendment) Act, 1976 (10 of 1976), the Central Government hereby appoints: (1) The first day Act, 1976 (10 of 1976), the Central Government hereby appoints: (1) The first day of February, 1977 as the date on which the provision of the said Act (except Secs. of February, 1977 as the date on which the provision of the said Act (except Secs. 12, 13 and 50) shall come into force ; and (2) The first day of May, 1977 as the date 12, 13 and 50) shall come into force ; and (2) The first day of May, 1977 as the date on which Secs. 12 and 50 of the said Act shall come into force. Published in the on which Secs. 12 and 50 of the said Act shall come into force. Published in the Gazette of India, Extraordinary, Pt. II, Sec. 3 (i), dated 14th January, 1977. [the Gazette of India, Extraordinary, Pt. II, Sec. 3 (i), dated 14th January, 1977. [the Central Government] [* * *] and having like jurisdiction, or before [the Supreme Central Government] [* * *] and having like jurisdiction, or before [the Supreme Court). Explanation. The pendency of a suit in a foreign court does not preclude the Court). Explanation. The pendency of a suit in a foreign court does not preclude the courts in 11. For Statement of Objects and Reasons, see Gazette of India, 1907, Pt. courts in 11. For Statement of Objects and Reasons, see Gazette of India, 1907, Pt. V, p. 179 ; and for Report of the Select Committee, see Gazette of India, 1908, Pt. V, V, p. 179 ; and for Report of the Select Committee, see Gazette of India, 1908, Pt. V, p. 35, This Act has been amended in its application to- Assam by Assam Acts 2 of p. 35, This Act has been amended in its application to- Assam by Assam Acts 2 of 1941 and 8 of 1953 ; Kerala by Kerala Act 13 of 1957 , Madras by Madras Act 34 of 1941 and 8 of 1953 ; Kerala by Kerala Act 13 of 1957 , Madras by Madras Act 34 of 1950 and Madras A. 0., 1954 , Mysore by Mysore Act 14 of 1955, Panjab by Punjab 1950 and Madras A. 0., 1954 , Mysore by Mysore Act 14 of 1955, Panjab by Punjab Act 7 of 1934 ; Rajasthan by Rajasthan Act 19 of 1958 and U.P. Acts 4 of 1925, 35 of Act 7 of 1934 ; Rajasthan by Rajasthan Act 19 of 1958 and U.P. Acts 4 of 1925, 35 of 1948 and 24 of 1954. [India] from trying a suit founded on the same cause of 1948 and 24 of 1954. [India] from trying a suit founded on the same cause of action.action.