Where two suits between the same parties in respect of the same subject matter are pending, one instituted later than the other, the court is required to stay the later suit under:

Section 10 embodies the rule of res sub judice: where a suit is previously instituted in a court of competent jurisdiction between the same parties litigating under the same title in respect of the same matter, no court shall proceed with a subsequently instituted suit while the former suit is pending. It is a stay of trial, not a bar to institution, and is meant to prevent parallel litigation and conflicting decrees. It does not attract the conclusiveness of res judicata, which operates after final decision. Lis pendens, distinct, is in the Transfer of Property Act.