( 1 ) SECTION 10 of the Code of Civil Procedure reads : -

"10. Stay of suit - No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between the parties under whom they or any of them claim 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, or in any Court beyond the limits of (India) established or continued by (the Central Government (***) and having like jurisdiction, or before (the supreme Court ). "

( 2 ). The ingredients of the same have been elucidated by this court in the case of C. L. Tandon vs. Prem Pal singh AIR 1978 Delhi 221 to be :-

" (A) The matter/matters in issue should be substantially the same in the two suits; (b) The previously instituted suit should be pending in the same Court in which the subsequent suit is brought or in another court in India having jurisdiction to grant the relief claimed: and (c) The two suits should be between the same parties or their representatives and these parties should be litigating in the two su