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1996 Supreme(AP) 18

Andhra Pradesh High Court
Judges : S.R.NAYAK
Karri Satyanarayana - Appellant
Versus
Pichika Veerraju - Respondent
Decided On : 01-18-96

The High Court has the inherent power under Section 151 of the Code of Civil Procedure to stay the trial of an independent suit in the course of other proceedings pending before it if the stay is necessary in the ends of justice or to prevent abuse of the process of the Court and the applicant has no other remedy.

Headnote:

CIVIL PROCEDURE CODE - SECTION 10 - STAY OF SUIT - JURISDICTION - HIGH COURT - SUBORDINATE COURT - INHERENT POWER - SECTION 151 CPC - APPLICABILITY.

Fact of the Case:

Petitioners claimed to have entered into oral agreements of sale with respondents and their predecessors-in-title. They filed a suit for specific performance of the alleged oral agreement of sale. The defendants filed a suit for ejection of the plaintiffs from the schedule property, for possession of the schedule property, and for damages for use and occupation of the schedule land. Petitioners filed applications under Section 10 of the Code of Civil Procedure for stay of trial of the suits pending disposal of the appeal filed against the judgment and decree passed by the trial court in the suit for specific performance.

Finding of the Court:

The court held that the matter in issue in the suit for specific performance and the subsequent suits was not directly and substantially the same. Therefore, Section 10 of the Code of Civil Procedure was not applicable and the applications for stay of suit were incompetent. The court further held that the High Court has the inherent power under Section 151 of the Code of Civil Procedure to stay the trial of an independent suit in the course of other proceedings pending before it if the stay is necessary in the ends of justice or to prevent abuse of the process of the Court and the applicant has no other remedy.

Issues: 1. Whether the High Court or the subordinate court has the jurisdiction to stay the trial of a subsequent suit under Section 10 of the Code of Civil Procedure? 2. Whether the High Court can stay the trial of a subsequent suit pending on the file of the subordinate court while exercising its appellate jurisdiction, revisional jurisdiction, or inherent jurisdiction?

Ratio Decidendi: 1. Section 10 of the Code of Civil Procedure mandates the court before which the subsequently instituted suit is pending not to proceed with the trial of such suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties. 2. The High Court has the inherent power under Section 151 of the Code of Civil Procedure to stay the trial of an independent suit in the course of other proceedings pending before it if the stay is necessary in the ends of justice or to prevent abuse of the process of the Court and the applicant has no other remedy.

Final Decision: All the revision petitions were dismissed. The trial court was directed to dispose of the suits expeditiously.

S. R. NAYAK, J.

( 1 ) THE petitioners, 8 in all, are the same in each of these seven Civil Revision petitions. All the petitioners, in these Civil Revision Petitions, claimed to have entered into oral agreements of sale in respect of certain landed property with the respondents and their predecessors-in-title. The petitioners, to begin with, filed O. S. No. 145 of 1984 in the trial Court for specific performance of the alleged oral agreement of sale dated 30-11-1964. In that suit the petitioners claimed that they were put in possession of the land in question in pursuance of the said alleged oral agreement of sale dated 30-11-1964. The defendants denied the alleged oral agreement of sale as well as the alleged delivery of possession of the land in question in pursuance of the alleged oral agreement of sale. The trial court, after due trial, dismissed the said suit. The plaintiffs agrrieved by the judgment and decree of the trial Court made in O. S. No. 145 of 1984 have preferred A. S. No. 1404 of 1989 in this Court and the same is pending. The defendants in O. S. No. 145 of 1984, contending that by virtue of an ex parte interim injunction granted by-the trial Court in O. S. No. 145 of 1984 in favour of the plaintiffs purported to have been in possession of the property in question after trespassing into the said property, filed O. S. No. 105 of 1985 in the trial court for ejection of the plaintiffs in O. S. No. 145 of 1984 from the schedule property, for possession of the Schedule property and for damages for use and occupation of the schedule land. Subsequently the six more suits came to be filed in the trial Court; O. S. No. 96 of 1985, O. S. No. 97 of 1985, and O. S. No. 98 of 1985 for recovery of possession and damages and whereas O. S. No. 110 of 1986, o. S. No. 102 of 1986 and O. S. No. 292 of 1990 for a decree of specific performance.

( 2 ) IN A. S. No-1404 of 1989 filed in this Court against the judgment and decree passed by the trial Court in O. S. No-145 of 1984,c. M. P. No. 7912 of 1989 was filed under Sec. 151 of CPC seeking stay of trial of the aforementioned seven suits pending on the file of the trial Court. This Court passed an ex parte order in the said C. M. P. No. 7912 of 1989 initially staying trial of the suits. However, subsequently the ex parte stay was vacated and the trial Court was directed to proceed with the trial of the suits. After this event, the petitioners in these revisions who are also the parties in the aforementioned seven suits filed applications under Section 10 of the Code of Civil Procedure for stay of trial of the suits pending disposal of A. S. No. 1404 of 1989 pending on the file of this court. LA. No. 3076 of 1992 filed in O. S. No. 105 of 1985 was dismissed by the learned trial Judge by his order dated 14-10-1992 mainly on the ground that the conditions, the existence of which are necessary to stay the trial of a suit under section 10 of Code of Civil Procedure do not exist and the matter in issue in O. S. No. 105 of 1985 is not directly and substantially in issue in previous suit in O. S. No. 145 of 1984. Against this order of rejection C. R. P. No. 287 of 1993 is filed in this Court. The I. As. 3133 of 1992, 3131 of 1992, 3132 of 1992, 3134 of 1992, 3135 of 1992 and 3136of 1992 filed under Section loof Code of Civil Procedure in O. S. No. 98 of 1995,o. S. No. 96 of 1985, O. S. No. 97 of 1985, O. S. No. 110 of 1986, O. S. No. 102 of 1986 and O. S. No. 292 of 1990 respectively for stay of trial of those suits were also rejected by the learned trial Judge by a common order dated 26-10-1992 mainly on the ground that the similar relief was sought in C. M. P. No. 7912 of 1989 filed in A. S. No. l404of 1989 in this Court and though thiscourt initially granted an ex parte interim stay of trial of the suits, subsequently vacated the same directing the trial Court to proceed with the trial of the suits and in that view of the matter stay of suits under Section 10 of the Code of Civil proced












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