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VIKRAM AGGARWAL
Narinder Kumar @ Nikku Ram – Appellant
Versus
Usha Rani – Respondent
| Table of Content |
|---|
| 1. background of the civil suit and proceedings. (Para 1 , 2) |
| 2. arguments regarding the necessity of a stay. (Para 3) |
| 3. petitioner's concerns regarding contradictory findings. (Para 4) |
| 4. analysis of section 10 of cpc. (Para 5 , 6) |
| 5. clarification on section 10 cpc applicability. (Para 7 , 8) |
| 6. dismissal of the revision petition. (Para 9) |
JUDGMENT :
Vikram Aggarwal, J.
The present revision petition is directed against the order dated 10.01.2025 (Annexure P-6) passed by the Court of learned Civil Judge (Sr. Divn.), Ludhiana, vide which the application filed by the petitioner under Section 10 of the Code of Civil Procedure, 1908 (for short the “CPC”) was dismissed.
2. The facts, as emanating from the petition, are that a civil suit (Annexure P-1) was filed by the petitioner for declaration to the effect that the petitioner/plaintiff was the exclusive owner in possession of House No.8808, measuring 210 sq. yds. (fully described in the plaint) situated at Haibowal Kalan, New Vijay Nagar, Street No.2, Ludhiana (hereinafter referred to as the “suit property”) on the basis of family arrangement dated 21.12.1994 entered into between the mother of the plaintiff namely Bharto De
Under Section 10 CPC, different reliefs sought in suits permit simultaneous proceedings, as the provision aims to prevent concurrent trials of the same matter.
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.
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 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 application of Section 10 of CPC, matter in issue in both suits have to be directly and substantially in issue in previous suit.
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....
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