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2025 Supreme(Online)(Pat) 1293

PATNA HIGH COURT
HONOURABLE MR. ARUN KUMAR JHA, J
Urmila Mishra – Appellant
Versus
Lal Babu Thakur – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Chandra Kant, Advocate, Mr. Sudhanshu Prakash, Advocate, Mr. Navin Kumar, Advocate
For the Respondent/s:Mr. Shiv Kumar Dwivedy, Advocate

Table of Content
1. background of title suit no. 75 of 2007 and title suit no. 12 of 2015. (Para 1 , 2)
2. context of the subsequent suit and its implications. (Para 3)
3. arguments regarding the applicability of section 10 of the code. (Para 4 , 5)
4. legal standards governing simultaneous suits under section 10 and section 6. (Para 7 , 9 , 10 , 11)
5. mistake in applying stay on title suit no. 12 of 2015. (Para 12 , 13)
6. final order directing concurrent handling of both suits. (Para 14 , 15)

JUDGMENT

Date : 31-07-2025

The instant civil miscellaneous petition has been filed by the petitioners for setting aside the order dated 08.04.2019 passed by the learned Munsif, Narkatiyaganj in Title Suit No. 12 of 2015 whereby and whereunder the learned trial court has allowed the petition filed by defendants/respondents under Section 10 of the Code of Civil Procedure (for short ‘the Code’).

2. Briefly stated, the facts of the case, as flowing from the record, are that the father of the respondents filed Title Suit No. 75 of 2007 against the husband of petitioner no.1 and father of petitioner nos. 2 to 5 seeking preliminary decree of account and assessment of amount payable to the defendant and a

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