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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
MILIND RAMESH PHADKE
Rakshabai – Appellant
Versus
Kunjbihari – Respondent
ORDER :
The present petition, under Article 226/227 of the Constitution of India, has been filed by the petitioners against the order dated 30.10.2021 passed by Fourth Civil Judge, Class II, Sheopur in Case No.COS No.5-A/2015; whereby, an application preferred by the petitioners/defendants under Section 151 of the Code of Civil Procedure, 1908 for stay of the present suit in lieu of earlier a Civil Suit No.10-A of 2015 for specific performance of contract and permanent injunction preferred by their father against present respondent No.1 and 06 others before the Second Additional District Judge, Sheopur which though was dismissed vide judgment and decree dated 07.11.2016 but there is an injunction granted in favour of the petitioners in first appeal preferred against the said judgment and decree before this Court; thus, in wake of the aforesaid pendency of the litigation between the parties with regard to same subject matter, the prayer for staying of the present suit was made, which was rejected.
2. Short facts of the case are that on 16.07.2010, father of the petitioners, Sukhlal Jangam had instituted a Civil Suit No.10-A/2015 (new) for specific performance of an agreement to sale
Inherent powers under Section 151 CPC can only be exercised when no remedy exists under other provisions, emphasizing distinct legal contexts in related suits.
Section 10 of the CPC prevents concurrent trials of suits with identical issues; distinct issues allow separate proceedings.
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.
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,....
Section 10 CPC applies only when issues in both suits are directly and substantially the same; otherwise, separate proceedings may continue without conflict.
The application of Section 10 CPC for granting stay of suit proceedings depends on whether the matter in issue in the present suit is directly and substantially in issue in the previously instituted ....
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 legal principle established is that an agreement holder who is the tenant of the property should continue to pay rent, unless there is a specific clause in the sale agreement that exempts the ten....
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.
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