The court affirmed the allowance of a separate suit despite an ongoing partition suit, emphasizing the provisions of Section 10 of CPC regarding res sub judice.

ORDER

The Civil Revision Petition is filed seeking to strike off the plaint filed by the 1^st respondent/plaintiff seeking declaration of her title and injunction.

2. The learned counsel for the petitioners submitted that they filed a suit for partition in OS.No.312 of 2019 on the file of 1^st Additional District Court, Coimbatore against the respondents 2 and 3. Subsequently, the 1^st respondent, who purchased the portion of the property from Dineshbabu/2^nd respondent herein, was also included in the suit. The petitioners also sought for a prayer to declare the sale deed in favour of the 1^st Respondent was null and void. The trial in the suit is already commenced and P.W.1 is in box. In such circumstances, the 1^st respondent filed a separate suit in respect of the property purchased by her from 2^nd respondent seeking declaration of her title and injunction.

3. The learned counsel for the petitioners submitted that when the title of the 1^st respondent is very much under dispute in a suit for partition filed by the petitioners, the 1^st respondent ought not have filed the present suit. Hence, the plaint in the present suit shall be struck off from the file.

4. Admittedly, the suit for partition and other reliefs filed by the petitioners are still pending and no decree has been passed in the suit. In such circumstances, there is no bar for the 1^st respondent to file a separate suit seeking declaration, injunction and incidental relief.

5. If the petitioners feel the issue involved in both the suits are one and the same, the provisions of Section 10 of CPC would get attracted, it is always open to them to file appropriate application before the trial court seeking stay of the subsequent suit on the ground of doctrine of res sub judice. I do not find anything to strike off the plaint filed by the first respondent. Accordingly, the Civil Revision Petition stands dismissed with liberty to the petitioners to move appropriate application for stay of the suit, if so advised. No costs.

Consequently, the connected miscellaneous petition is closed.