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VIVEK RUSIA
Arvind Kumar – Appellant
Versus
Trilok Kumar – Respondent
ORDER
Vivek Rusia, J.—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 under Section 151 of CPC seeking dismissal of the suit on the ground that this suit property is a subject matter of First Appeal No.710/2016 (Kesharbai and others V/s Arvind Kumar and others) before this Court in which the order of status quo dated 29.06.2016 has already been granted. The plaintiff opposed the said a
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.
Section 10 CPC mandates stay of subsequent suit if issues directly/substantially same as prior pending suit between same parties on common property/cause challenging prior decree, preventing parallel....
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....
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.
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.
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