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IN THE HIGH COURT OF DELHI AT NEW DELHI
JANAK TARA THR LRS – Appellant
Versus
KAUSHILYA DEVI & ORS. – Respondent
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 22.12.2025
+ CM(M) 2475/2025
JANAK TARA through LRs .....Petitioners
Through: Mr. Sajjan K. Singh and Mr. Jaypreet
Singh, Advocates
versus
KAUSHILYA DEVI & ORS. .....Respondents
Through: None
CORAM: JUSTICE GIRISH KATHPALIA
O R D E R (ORAL)
1. Petitioners/plaintiffs have assailed order dated 20.01.2025 of the learned trial court, whereby the suit filed by them was stayed under Section 10 CPC on the basis of an earlier suit that was filed and is continuing in Gonda, U.P. Having heard learned counsel for petitioners/plaintiffs, I find it
not a fit case to even issue notice.
Section 10 is to avoid two parallel trials on same issue by two Courts and to avoid recording of conflicting findings on issues which are directly and substantially in issue in previously instituted ....
Under Section 10 of CPC, a previously instituted suit cannot be stayed if a subsequent suit filed between the same parties, in respect of the same subject matter, is pending before the same court.
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 – Mere filing of application under Section 10 CPC does not in any manner put an embargo on power of court to examine merits of matter.
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