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ASHOK KUMAR GAUR
Hiralal – Appellant
Versus
Khubchand – Respondent
ORDER
1. This writ petition has been filed by the petitioners defendants feeling aggrieved by order dated 03.08.2019, whereby application filed by the petitioners under Section 10 CPC has been dismissed.
2. Learned counsel for the petitioners submitted that a suit for declaration and permanent injunction has been filed by the respondents and in the same suit, prayer has also been made to declare the plaintiffs as owner of the land.
3. Learned counsel submitted that the other suit of eviction and arrears of rent has been filed against the present petitioners.
4. Learned counsel submitted that the petitioners pleaded before the Court below that proceedings in the suit for eviction and recovery of rent was required to be stayed, as the main dispute between the parties about entitlement of the property was sub-judice and the parties were same in both the suits and as such, the Court was required to consider the lis between the parties and as such, the Court below while passing the order dated 03.08.2019 has committed an error in rejecting the application.
5. Learned counsel submitted that an application filed under Section 10 CPC was also filed in another suit of eviction and arrears of ren
The court established that for an application under Section 10 CPC to succeed, the suits in question must be interlinked, which was not the case here.
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 CPC applies only when issues in both suits are directly and substantially the same; otherwise, separate proceedings may continue without conflict.
Section 10 of the CPC prevents concurrent trials of suits with identical issues; distinct issues allow separate proceedings.
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.
Under Section 10 CPC, different reliefs sought in suits permit simultaneous proceedings, as the provision aims to prevent concurrent trials of the same matter.
The court affirmed that a registered sale deed is decisive in establishing landlord-tenant relationships, overriding claims based on wills or agreements without proper legal standing.
Stay of suit – For application of Section 10 of CPC, matter in issue in both suits have to be directly and substantially in issue in previous suit.
A suit is maintainable despite prior withdrawal of an eviction petition if it involves distinct causes of action and statutory provisions, as clarified under CPC.
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