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PATNA HIGH COURT
HONOURABLE MR. ARUN KUMAR JHA, J
Saheb Rai @ Saheb Ray – Appellant
Versus
Kameshwar Rai – Respondent
| Table of Content |
|---|
| 1. overview of parties and factual background of the case. (Para 1 , 2) |
| 2. arguments regarding the legitimacy of the trial court's order. (Para 3 , 4) |
| 3. analysis of the application of section 10 of the code. (Para 5) |
| 4. foundational reasoning concerning res judicata and the identity of issues. (Para 6 , 7 , 8) |
| 5. conclusion and order of the court. (Para 9 , 10) |
CAV JUDGMENT
Date : 22-05-2025
The instant civil miscellaneous petition has been filed for setting aside the order dated 24.11.2022 passed by learned Sub Judge -I, Saran at Chapra in Title Suit No. 562 of 2020, whereby and whereunder the application dated 07.01.2022 filed by the defendant under Section 10 of the Code of Civil Procedure (in short ‘the Code’) with prayer to stay the proceeding in Title Suit No. 562 of 2020 has been rejected.
2. Briefly stated, the facts of the case are that the petitioner is defendant of Title Suit No. 562 of 2020 and the respondents are plaintiffs. The respondents have filed a title suit for declaration that in Plot No. 2551 under Khata No. 550, Mauza – Talpuraina, Police Station – Marhowrah, District – Saran, the plaintiff nos. 1 and 2 have got 1/3 share, plaintiff nos. 3 to 11 h
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