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C. HARI SHANKAR
Amita Vashisht – Appellant
Versus
Tarun Vedi – Respondent
ORDER
1. The petitioner is the sister of the respondent. The impugned order, dated 5th August 2022, has been passed by the learned Additional District Judge ("the learned ADJ") in Suit Civ DJ 699/2021, on an application filed by the petitioner, as the defendant in the suit, under Section 10 of the Code of Civil Procedure, 1908 (CPC). The application stands rejected.
Facts
2. Civ DJ 699/2021, filed by the respondent against the petitioner, sought (i) a decree of possession, evicting the petitioner from the property situated at B-404, Lakeview Apartments, Paschim Vihar, Delhi ("the suit property") and restoration of possession of the suit property to the respondent, (ii) unauthorized occupation charges/mesne profits along with interest and (iii) a decree of permanent injunction, restraining the petitioner from creating any third party rights in respect of the suit property.
3. A brief pricis of the recitals in the plaint may be provided thus. The suit property was allotted by the Delhi Development Authority (DDA) to K K Vedi, the father of the parties in this petition and the husband of Sudershan Vedi. K K Vedi expired on 2nd May 2005. During his lifetime, K K Vedi executed a regis
Section 10 of the CPC requires complete identity of subject matter for staying proceedings in concurrent suits; conflicting properties undermine the applicability of this provision.
The main legal point established in the judgment is that for Section 10 of the CPC to apply, there must be complete identity of subject matter, cause of action, and relief in both suits. The mere fac....
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.
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