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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Rajbir – Appellant
Versus
Rishi Pal – Respondent
JUDGMENT :
Pankaj Jain, J.
Challenge is to the order dated 23.12.2020 [Annexure P-3], passed by Civil Judge (Junior Division), Karnal whereby application filed by the defendants under Section 10 read with Section 151 CPC seeking stay on the subsequent suit filed by the petitioner, claiming the same to be barred by res sub judice, has been allowed.
2. The dispute is between the co-owners. Defendants/respondents filed a suit seeking declaration along with consequential relief of permanent injunction challenging the order dated 30.11.2018 and that 23.07.2019 passed by Defendant No.2-Assistant Collector, 2nd Grade Indri, District Karnal in partition application titled as Rajbir versus Balbir and Others, claiming the same to be illegal, null and void and sought decree of permanent injunction with respect to their possession (hereinafter referred to as the earlier suit’).
3. Subsequently, the instant suit has been filed by the petitioner who was arrayed as defendant in the earlier suit, claiming that he has been handed over the possession of the land pursuant to the partition proceedings and is thus entitled for decree of permanent injunction. In the present suit, application under Sectio
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.
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 second suit for declaration and permanent injunction is maintainable if it presents a different cause of action, even if a previous partition suit was dismissed for default.
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....
The right to seek partition is inherent and continuous for co-owners; prior dismissal of a partition suit does not bar subsequent suits, provided the parties are different.
Res judicata requires a full trial to establish; dismissing a suit based solely on pleadings without evidence is incorrect.
Stay of suit – Same issue raised before Trial Court and High Court – Subsequently instituted suit liable to be stayed and since the instant suit filed prior to the suit pending before the High Court,....
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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