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C. HARI SHANKAR
Ruchika Puglani – Appellant
Versus
Aasna Digin – Respondent
1. The impugned order dated 15th February 2022, passed by the learned Additional Senior Civil Judge ("the learned ASCJ"), invokes Section 10 of the Code of Civil Procedure, 1908 (CPC) to stay the trial in CS SCJ 1421/2021 (Ruchika Puglani v. Aasna Digin) pending the outcome of CS ADJ DJ 482/2021, (Aasna Digin v. Pawan Hans Taheem). Ruchika Puglani, the petitioner before me, is the plaintiff in CS SCJ 1421/2021 (the trial in which has been stayed) and Defendant 2 in CS ADJ DJ 482/2021.
Facts
CS ADJ DJ 482/2021
2. CS ADJ DJ 482/2021 was instituted by the respondent Aasna Digin ("Aasna") against Pawan Hans Taheem ("Pawan") and Ruchika Puglani ("Ruchika") who are husband and wife. Ruchika is the petitioner in the present petition.
3. Aasna claimed, in the plaint in CS ADJ DJ 482/2021, to be the landlord of Pawan and Ruchika in respect of the premises situated at 70/18, Second Floor, B Side, B-1 Extension, Sewak Park, Uttam Nagar, Delhi 110059 (hereinafter "the suit property"). It was claimed that Aasna had let out the said premises to Pawan and Ruchika vide lease deed dated 13th April 2019 for a period of 11 months at a fixed monthly rent of Rs.11,000/-. The period of
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....
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.
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 mandates stay of subsequent suit if issues directly/substantially same as prior pending suit between same parties on common property/cause challenging prior decree, preventing parallel....
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....
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