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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MRIDUL KUMAR KALITA
Dipak Sarmah S/o - Late Dhurjyoti Sarmah – Appellant
Versus
Khairul Hussain S/o - Late Tayeb Ali – Respondent
| Table of Content |
|---|
| 1. overview of title suit details (Para 3 , 4) |
| 2. arguments against staying title suit no. 713/2022 (Para 5 , 7 , 9) |
| 3. interpretation of section 10, cpc applicability (Para 10 , 16 , 18) |
| 4. differences in subject matter between suits (Para 15 , 17) |
| 5. direction for consolidation of suits (Para 19) |
| 6. final order disposing the civil revision petition (Para 20 , 21 , 22) |
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. P. Khataniar, the learned counsel for the petitioner. Also heard Mr. A. K Jain, the learned counsel for respondent No. 3. No one has appeared for respondent Nos. 1 & 2, though the names of two counsels, namely, Mr. M Kashyap and Mr. S.A. Singh are shown as engaged counsel for the said respondents in the cause list. It also appears that on the last date i.e. on 15.10.2025, Mr. N Bhuyan, learned counsel had appeared on behalf of Mr. M Kashyap, learned counsel for respondent Nos. 1 & 2. However, since when the matter was called on for hearing, no one has appeared for respondent Nos. 1 & 2, this Court decided to proceed ex-parte against the said respondents in this Civil Revision Petition.
2. This Civil Revision Petition (I/O) under Article 227 of the Constitution o
The applicability of Section 10 of the Code of Civil Procedure requires complete identity of subject matter between suits; overlapping issues do not justify staying subsequent proceedings.
The applicability of Section 10 of the Code of Civil Procedure requires the entire subject matter of both suits to be identical; differing key reliefs negate automatic stay of proceedings.
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.
Civil Suit - Title of revision petition - Power of superintendence cannot be exercised merely to correct errors of law or fact or just because another view, other than taken by subordinate court is a....
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....
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