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VIKRAM AGGARWAL
Vir Singh – Appellant
Versus
Bhagwanti Devi – Respondent
JUDGMENT :
Vikram Aggarwal, J.
1. The present revision is directed against the order dated 09.12.2024 (Annexure P-6) passed by the Court of learned Civil Judge (Junior Division), Kosli vide which the application filed by the present petitioner under Section 10 of the Code of Civil Procedure, 1908 (for short ‘CPC’) for stay of the subsequent suit (Annexure P-3) was dismissed.
2. The facts, as emanating from the revision petition, are that the petitioner-plaintiff (Vir Singh) filed a suit (Annexure P-1) for declaration that he was the exclusive owner in possession of the property comprised in Khasra No. 408 situated in Village Guriyani, Tehsil Kosli, District Rewari (fully described in the plaint) (hereinafter referred to as the ‘suit property).
3. The suit was opposed by the defendants. Written statement of defendant No. 8 has been placed on record. Another suit for partition of the suit property was filed by respondent No. 1 Bhagwanti Devi against the present petitioner and two others namely Saroj and Dinesh. An application under Section 10 CPC (Annexure P-4) was filed by the petitioner claiming stay of the subsequent suit, which was opposed by way of a reply (Annexure P-5). The sa
A subsequent suit cannot be stayed under Section 10 CPC if the issues therein are different from those in the prior suit, even if involving the same property.
Under Section 10 CPC, different reliefs sought in suits permit simultaneous proceedings, as the provision aims to prevent concurrent trials of the same matter.
The doctrine of res sub judice mandates a stay on subsequent suits concerning the same material issues as an earlier suit to prevent conflicting judgments.
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.
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.
The central legal point established is that Section 10 CPC does not apply when the causes of action, parties, and substantial questions/issues in previous suits and subsequent suit are not similar.
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