Point of Law: Section 10 is to avoid two parallel trials on same issue by two Courts and to avoid recording of conflicting findings on issues which are directly and substantially in issue in previously instituted suit.

JUDGMENT :

SANDEEP SHARMA, J.

1. Being aggrieved and dissatisfied with the order dated 16.10.2019 passed by learned Civil Judge, Dalhousie, District Chamba, Himachal Pradesh, whereby an application under S.10 CPC, having been filed by the petitioner/defendant No. 1 (hereinafter ‘defendant No. 1’) in Civil Suit No. 180/13, for staying latter suit filed by the respondent No. 1/plaintiff (hereinafter ‘plaintiff’) i.e. Civil Suit No. 139 of 2010 pending in the court of learned Civil Judge, Dalhousie, District Chamba, came to be dismissed, defendant No. 1 has approached this Court, in the instant proceedings filed under Art. 227 of the Constitution of India, praying therein to set aside the aforesaid order and allow the application under S.10 CPC, filed by the him.

2. Having heard learned counsel for the parties and perused the material available on record, vis-a-vis reasoning assigned in the order impugned in the instant proceedings, this court finds no illegality in the same and as such, no interference is called for.

3. Briefly the facts of the case as emerge from the record are that the plaintiff filed Civil Suit No. 1595 of 2007 in the High Court of Delhi, seeking partition of properties including properties situate in Dalhousie, District Chamba against defendant No. 1. In the aforesaid suit, plaintiff prayed for decree of declaration in her favour to the effect that she is joint share holder of all the estate left behind by late Col. Pindi Dass Chopra (P.D. Chopra) to the extent of 1/8th share. In the aforesaid suit, plaintiff while praying for appointment of local commissioner also prayed for preliminary decree of partition qua the suit property and for decree of rendition of accounts in her favour and against the defendants with the direction to the defendants to render full accounts of profits so derived from the properties by them.

4. Pursuant to notice issued in the aforesaid suit, defendant No. 1 alongwith other defendants filed written statement. However, before the aforesaid suit could be heard and decided on its own merit, plaintiff filed another civil suit (Annexure P-4), in the court of learned Civil Judge (Junior Division), Dalhousie, District Chamba, for declaration that plaintiff and defendants except defendant No. 4 and proforma defendants, are legal heirs of late Pindi Dass Chopra and are lessees in possession of land measuring 0-50-45 hectare comprising of Khasra Nos. 1291, 132, 1324, 1325, 1326, 1327, 1328, 1329, 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1337, 1338, 1339, 1340, 1341, Kita 2 Khata Khatauni No. 167/281 and owner-in-possession of land comprised in Khasra No. 1957, Khata Khatauni No. 157/38/51 measuring 00-82-21 hectare both situate at Up Mouja Bakrota Tehsil Dalhousie, District Chamba and late Pindi Dass never executed any Will and Will No. 165, dated 25.7.1995 registered in the office of Sub Registrar, Chamba is false and fabricated document and mutation No. 157, dated 6.4.1996, review of mutation No. 201 dated 11.11.1997 and mutation No. 202 attested on the same date are wrong illegal, and not binding upon the rights of the plaintiff.

5. Pursuant to notice issued in the aforesaid suit having been filed by the plaintiff, defendant No. 1 alongwith other defendants, filed written statement, but simultaneously also filed an application under S. 10 CPC, praying therein to stay the suit filed in the court of learned Civil Judge (Junior Division), Dalhousie, Chamba, on the ground that the plaintiff has already filed a suit in Delhi High Court, and issues raised therein are also directly and substantially in issue in the suit filed at Dalhousie. However, vide order impugned in the instant proceedings, learned court at Dalhousie, dismissed the application and refused to stay the suit at Dalhousie. In the aforesaid background, defendant No. 1 has approached this Court, in the instant proceedings, praying therein to set aside the aforesaid order and stay the latter suit filed by plaintiff at Dalhousie, Distri