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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT AIZAWL BENCH
Parthivjyoti Saikia
Syed Sahidul Islam S/O- Late Kutubuddin Ahmed – Appellant
Versus
Raifuddin Ahmed @ Rick Baba S/O- Md. Mohin Ahmed – Respondent
JUDGMENT :
Heard Mr. S.J. Sarma, learned counsel appearing for the petitioners. Also heard Mr. A. Ikbal, learned senior counsel representing the sole respondent.
2. This is an application under Article 227 of the Constitution of India challenging the order dated 03.03.2017 passed by the learned Civil Judge No.3, Kamrup (M) at Guwahati in T.S. No.114/2014.
3. The present petitioners filed T.S. 244/2006 in the court of the Munsiff No.3 at Guwahati praying for a declaration that they are lawful occupiers in respect of the suit property and prayed for permanent injunction restraining the present respondent (the defendant in the said suit) from forcible dispossession from the suit property.
4. The T.S. 244/2006 was decreed on contest and the present respondent (the defendant in the said suit) filed an appeal being T.A. 123/2014.
5. Thereafter, the present respondent (the defendant in T.S. 244/2006) filed another suit being T.S. 114/2014 against the present petitioners praying for a declaration that the present petitioners are not lawful tenants under him and are trespassers in respect of the said Schedule-B premises. The present respondent, being the plaintiff in the new suit, prayed for a d
For a stay under Section 10 of the CPC, issues in both suits must be directly and substantially identical; differing issues result in dismissal of stay applications.
The court ruled that disparate issues in two suits negate the application of Section 10 CPC, as previous judgments do not influence subsequent proceedings in this context.
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.
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.
Section 10 CPC applies only when issues in both suits are directly and substantially the same; otherwise, separate proceedings may continue without conflict.
Under Section 10 CPC, different reliefs sought in suits permit simultaneous proceedings, as the provision aims to prevent concurrent trials of the same matter.
A co-defendant cannot file a counter-claim against another co-defendant in a separate suit over distinct property matters, allowing the autonomous pursuit of relief in such disputes.
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