What is the test for staying the proceedings ?

The test for staying the proceedings is typically based on the principles of fairness, justice, and the interests of the parties involved. The court will consider factors such as the complexity of the case, the likelihood of success, the potential for prejudice or harm to one party, and the overall interests of justice in determining whether to stay the proceedings. Ultimately, the court will weigh these factors to determine whether it is appropriate to temporarily halt the legal process.

Courts Act, 1908

Section 34: Power to stay proceedings which may result in further litigation.—(1) The Court may, at any time, for reasons to be recorded by it in writing, stay the proceedings in any suit, appeal or other proceeding before it in order to give an opportunity to the plaintiff to sue in respect of the same cause of action against the same defendant, or any other person whom he alleges to be jointly liable with the defendant, or in order to give an opportunity to the defendant to sue for any cross-claim, or for any other sufficient reason.

(2) Explanation:—A cross-claim in this section includes a claim for contribution or indemnity made by one defendant against another defendant.