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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP SHAH
Sayara Bano W/o Shri Mardan Ali Khan – Appellant
Versus
Lrs. Of Munna Bhai Alias Mohammad Akhalak, S/o Shri Ajij Khan – Respondent
| Table of Content |
|---|
| 1. summary of the case background and context. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented regarding the applications and trial proceedings. (Para 10 , 11 , 12) |
| 3. legal reasoning for the judgment. (Para 15 , 17) |
| 4. court observations on merits and procedure. (Para 19 , 20) |
| 5. final ruling on the petition. (Para 21) |
ORDER :
SANDEEP SHAH, J.
1. The present writ petition has been filed by the defendant petitioner challenging the order dated 07.02.2025 passed by the learned Additional District Judge, Merta, whereby the application filed by the petitioner under Section 10 read with Section 151 of the Code of Civil Procedure (C.P.C.) was rejected.
2. The brief facts relevant to the present case are that the petitioner filed a suit against Riyaj Mohammad and Munna Bhai for cancellation of the decree dated 23.05.2013, the sale deed dated 08.07.2013, and the agreement dated 15.06.2002. The suit, Civil Case No. 135/2013, is pending adjudication before the Additional Civil Judge, Junior Division, Merta.
3. In the suit, the dispute concerns plot Nos. A-18 and A-19, situated at Sangam Vihar Colony, Merta City, District Nagaur. The plaintiff-petitioner asserted that she purchased the
Parties seeking stay of proceedings under Section 10 must demonstrate direct and substantial similarity of issues, and late applications are discouraged, particularly at trial's end.
Section 10 of the CPC prevents concurrent trials of suits with identical issues; distinct issues allow separate proceedings.
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 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....
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.
Stay of suit – Words “directly and substantially in issue” are used in contradistinction to words ‘incidentally or collaterally in issue.’
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