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B. V. NAGARATHNA, AUGUSTINE GEORGE MASIH
USHA – Appellant
Versus
SHAHJAD BI @ SEJAD – Respondent
ORDER :
1. Leave granted.
2. Being aggrieved by the order dated 11.10.2018 passed by the Madhya Pradesh High Court, Indore Bench in case W.P. No.7924/2016, by which the order of the Trial Court dated 20.10.2016 passed on an application filed under Section 10 read with Section 151 of the Code of Civil Procedure, 1908 (for short “CPC”) was allowed and the said order being affirmed by the High Court, the appellants have preferred this appeal.
3. It is noted from the Office Report that the respondents, particularly the contesting respondent No.6 herein, has been served but there is no representation on behalf of the said respondent.
4. In these circumstances we have heard learned counsel for the appellants only.
5. Briefly stated, the facts are that respondent No.6 has filed Civil Suit No.15A/2011 seeking, inter alia, a declaration that the sale deed dated 12.12.2008, which is stated to have been allegedly executed by him, is null and void. During the pendency of the said suit, the appellants herein filed Civil Suit No. 158A/2013 seeking eviction of respondent No.6 (plaintiff) in the aforesaid suit as well as other tenants.
6. In the second suit namely Civil Suit No.158A/2013, an application
The court clarified that distinct issues in separate suits do not warrant a stay under Section 10 of the CPC, emphasizing the need for identity in both the matter in issue and the relief sought.
Section 10 of the CPC prevents concurrent trials of suits with identical issues; distinct issues allow separate proceedings.
Under Section 10 CPC, different reliefs sought in suits permit simultaneous proceedings, as the provision aims to prevent concurrent trials of the same matter.
Stay of suit – For applicability of Section 10 of C.P.C. there must be complete identity of entire two suits – Section 10 was never intended to take away inherent power of Court to consolidate for in....
Point of law: If matter in later suit is found to be “directly and substantially in issue” in previously instituted suit, later suit is liable to be stayed under Section - 10 of C.P.C.
Section 10 CPC applies to separate civil suits and does not extend to applications in pending suits. The Rent Act provides a special procedure for eviction proceedings and does not require adjudicati....
Inherent powers under Section 151 CPC can only be exercised when no remedy exists under other provisions, emphasizing distinct legal contexts in related suits.
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