Rajesh Narayan vs Sneha Bhattacharya (Nee Chatterjee)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Cal) 407

SUBHASIS DASGUPTA
Rajesh Narayan – Appellant
Versus
Sneha Bhattacharya (Nee Chatterjee) – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Joydip Kar, Ld. Sr. Adv., Mr. Debjit Mukherjee, Adv., Ms. Sayani Bhattacharyya, Adv., Ms. Antara Chowdhury, Adv., Mr. Jushnujit Roy, Adv., Mr. Amitava Mitra, Adv.
For the Respondent: Mr. Probal Mukherjee, Ld. Sr. Adv., Mr. Souradipta Banerjee, Adv., Mr. Subhojit Mullick, Adv.

JUDGMENT :

Subhasis Dasgupta, J.

1. The subject matter of challenge in this revisional application is against the rejection of an application under Section 10 of the Code of Civil Procedure, filed by the petitioners/defendants in Title Suit No. 1691 of 2018, praying for stay of suit pending before the learned Judge, 6th Bench City Civil Court, at Calcutta.

2. Mr. Joydip Kar, learned senior advocate representing the petitioner, being assisted by Mr. Debjit Mukherjee submitted that the learned court below had erroneously rejected the application under Section 10 of the Code of Civil Procedure without adhering to the mandatory requirement pertaining to the conditions applicable under Section 10 of the Code of Civil Procedure, and its test thereunder, and thus rejected the prayer most mechanically. It was further contended that after rejecting the prayer for stay of suit, the court below by the impugned order most gratuitously suggested for a joint trial, and allowed analogous trial of two suits, pending in two different courts, what was not the actual prayer advanced before the court below.

3. It was also contended by the petitioners that in view of the facts and circumstances involved in