Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
CHANDRA SHEKHAR SHARMA
Nirmala Wadhwa W/o Shri Arjun Dev Wadhwa – Appellant
Versus
Seth Sarnamal Aggarwal Trust – Respondent
| Table of Content |
|---|
| 1. background of property purchase and disputes. (Para 1 , 2) |
| 2. petitioners' claim against rent tribunal order. (Para 3) |
| 3. respondents' defense against petitioners' claims. (Para 4) |
| 4. understanding of section 10 cpc. (Para 6 , 10) |
| 5. distinction between parallel suits. (Para 11 , 12 , 13) |
| 6. final order dismissing the writ petition. (Para 14 , 15) |
ORDER :
1. The present writ petition has been filed under Article 226 & 227 of the Constitution of India with the following prayers:-
"1. By an appropriate writ, order or direction, the impugned order dated 24.03.2022 (Annexure P/19) passed by the learned Presiding Officer, Rent Tribunal, Sri Ganganagar in Rent Petition No. 62/2019 titled as Seth Sarnamal Aggarwal Trust & Ors. Vs. Nirmla Wadhwa & Anr. may kindly be quashed and set aside.
2. By an appropriate Writ, Order or Direction, the Application Dated 22.01.2020 (Annexure P/17) under section 10 CPC preferred by the Petitioners may kindly be allowed."
2. The facts, insofar as necessary for determination of the present controversy, are that the petitioners claim to have purchased the property in question through two duly executed agreement to sell, executed by the respondents.
Section 10 CPC applies only when issues in both suits are directly and substantially the same; otherwise, separate proceedings may continue without conflict.
: Court can always lift such veil and see real purpose of filing of suit. Section 18 of the Rent Control Act of 2001 admittedly bars the jurisdiction of any Civil Court in the matters relating to ten....
The court established that disputes between landlords and tenants must be resolved by the Rent Tribunal, not civil courts, as per Section 18 of the Rajasthan Rent Control Act, 2001.
Inherent powers under Section 151 CPC can only be exercised when no remedy exists under other provisions, emphasizing distinct legal contexts in related suits.
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.
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....
The court affirmed that jurisdiction issues can only be decided by established forums, and changes involving procedural law are retrospective, impacting pending actions unless specified otherwise.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
