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C. KUMARAPPAN
J. Victor – Appellant
Versus
V. S. Sankar Raju – Respondent
JUDGMENT
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order passed by the Principal District Munsif Court, Thoothukudi, in I.A.No.164 of 2018 in O.S.No.234 of 2012, dated 23.02.2018.)
1. The instant Civil Revision Petition has been filed against the fair and decreetal order passed by the Principal District Munsif Court, Thoothukudi, in I.A.No.164 of 2018 in O.S.No.234 of 2012, dated 23.02.2018.
2. The revision petitioner is the first defendant before the trial Court. According to the revision petitioner, there was a suit in O.S.No.394 of 2004, for the relief of permanent injunction against him, based upon the lease agreement executed by Thoothukudi Naidu Mahajana Sangam Trust. The said suit was decreed in favour of the plaintiff. Against the judgment and decree of the trial Court, an appeal was filed by the defendant in A.S.No.221 of 2005 and the said first appeal was also dismissed on 19.12.2010. Against which, Second Appeal in S.A.(MD)No.805 of 2012, was filed and the same is pending before this Court for final disposal.
3. The learned counsel for the petitioner would submit that, when an earlier suit in O.S.No.
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....
Point of law: If matter in later suit is found to be “directly and substantially in issue” in previously instituted suit, later suit is liable to be stayed under Section - 10 of C.P.C.
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....
Under Section 10 CPC, different reliefs sought in suits permit simultaneous proceedings, as the provision aims to prevent concurrent trials of the same matter.
For a stay under Section 10 of the CPC, issues in both suits must be directly and substantially identical; differing issues result in dismissal of stay applications.
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