Law: Civil Procedure Code (V of 1908)

Section: S. 10

(a) Civil Procedure Code (V of 1908)----  ------- S. 10-Applies where entire subject-matter of two suits same.   In order to attract the operation of the principle embodied in section 10 of the Civil Procedure Code, 1908 it is necessary that the entire subject-matter of the two suits should be the same. Where the subject-matter of the suit concerned is not the same as for instance by reason of the periods to which the two suits relate being different, the section will not apply merely because the main issue in both the suits is common. Moreover section 10 merely enacts a rule of procedure pure and simple and as such a decree passed contrary thereto is not a nullity and cannot be challenged or 1 disregarded in execution proceedings.   (b) Decree----   ----Decision in appeal preferred against decree in one out of group of suits or appeals involving one common issue heard analogously and disposed of by one common judgment-Does not modify or affect decree in suit or appeals from which no appeal was preferred-Civil Procedure Code (V of 1908), Ss. 96 & 100.   Where the contention was that the decision in an appeal preferred against the decree in one out of a group of suits or appeals involving one common issue and heard analogously and disposed of by one common judgment will govern and affect the decree in the remaining suits or appeals forming the group as well, even though no appeals were preferred against the latter:   Held, that the decree passed in different proceedings do not lose their separate entity or become merged into one consolidated decree simply because the appeals preferred from them are heard together and disposed of by one single judgment for the sake of convenience. Hence the finality attaching to each individually must be taken to remain intact unless and until that has been varied or reversed in an appeal taken against it specifically. In other words appellate decision will operate-and hold good only in respect of the particular decree or decrees actually appealed against and no more.   Ashutosh Nandi and another v. Kundal Dasi and others A I R 1929 Cal. 814 and Bornena Devara Naganna Naidu and another v.…