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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Rajinder Kumar – Appellant
Versus
Madhu Vats – Respondent
| Table of Content |
|---|
| 1. petition challenges stay of subsequent suit. (Para 1 , 2 , 3) |
| 2. section 10 cpc conditions fulfilled. (Para 4) |
| 3. parties dispute suits' issue commonality. (Para 5 , 6) |
| 4. s.10 bars parallel trials on same issues. (Para 7 , 8 , 9) |
| 5. suits share land, parties, prior decree cause. (Para 10 , 11 , 12) |
| 6. stay order upheld; petition dismissed. (Para 13 , 14) |
By way of this petition filed under Article 227 of the Constitution of India, the petitioner has assailed the order passed by the learned Trial Court dated 05.01.2023, in terms whereof, an application filed by the petitioner under Section 10 of the CIVIL PROCEDURE CODE , by the respondent-defendant, has been allowed.
2. Brief facts necessary for the adjudication of the present petition are that the petitioner herein filed a civil suit bearing No. 298 of 2022 for the grant of decree of declaration to the effect that the plaintiff and defendant were joint owners of land comprised in Khata No. 265, Khatauni No. 393, Khasra No. 1845/683, 1851/685, 1855/686, land measuring 00-00-53 hects., situated at Mohal Aima, Hadbast. No. 212, Tehsil Palampur, District Kangra, H.P. This suit was filed in t
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....
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.
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 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 – For application of Section 10 of CPC, matter in issue in both suits have to be directly and substantially in issue in previous suit.
Under Section 10 CPC, different reliefs sought in suits permit simultaneous proceedings, as the provision aims to prevent concurrent trials of the same matter.
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