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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIVEK RUSIA
Arvind Kumar S/o Chunnilal Kamlya – Appellant
Versus
Trilok Kumar S/o Shri Chunnilal Phadse – Respondent
| Table of Content |
|---|
| 1. dispute over land ownership and encroachment. (Para 2 , 3 , 7) |
| 2. observations on applicability of section 10, cpc. (Para 4 , 9) |
| 3. arguments on maintainability of the suit. (Para 5 , 6) |
| 4. inter se disputes not covered under earlier suit. (Para 11) |
| 5. petition is allowed, previous order set aside. (Para 12 , 13) |
ORDER :
1. The petitioner has filed the present petition being aggrieved by order dated 07.01.2021 passed by Civil Judge, Class-II whereby proceeding of the suit has been stayed under the provision of Section 10 of CIVIL PROCEDURE CODE , 1908.
Facts of the case in short are as under:
2. The petitioner (plaintiff) and respondent (defendant) are real brother. According to the plaintiff, he is an owner and occupier of the land bearing survey No. 1181 area 0.670 hectare situated at Malharganj, District Mandsaur. On 10.01.2018 plaintiff reached to his agricultural field and found that the defendant has illegally encroached over the land. Initially, the plaintiff filed the suit for permanent injunction but later on amended to the extent of relief of possession, means profit and compensation. The suit is pending since 23.01.2018.
3. The defendant filed an application
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.
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.
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....
The applicability of Section 10 of the CPC is determined by the identity of issues in the suits, not the nature of relief sought.
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.
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