Disposed

Sudha Jain and 2 Ors. v. Nipun Jain and Anr.

Allahabad HC20 Mar 2018A227/1643/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the trial Court's order framing an issue under Section 10 CPC. The Court held the trial Court was justified in proceeding to frame other issues first but directed that the Section 10 CPC issue and the temporary injunction application be decided together on short dates.

What did the court decide?

Directed the trial Court to decide the Section 10 CPC issue along with the temporary injunction application on short dates without unnecessary adjournments.

Sudha Jain and 2 Ors. Vs Nipun Jain and Anr. — Civil Procedure and Limitation | Allahabad HC (2018)

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 1643 of 2018

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Petitioner :- Sudha Jain And 2 Ors. Respondent :- Nipun Jain And Anr. Counsel for Petitioner :- Akhilesh Chandra Shukla Counsel for Respondent :- Pramod Kumar Dwivedi

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Hon'ble Manoj Kumar Gupta,J.

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By impugned order dated 6.3.2018, the trial Court has framed a issue as to whether the suit is liable to be stayed under Section 10 CPC, in view of the pendency of earlier instituted Original Suit No. 6/2017 by the petitioners. The Court further observed that the said issue shall be decided after framing other issues. The Court has also fixed 21.3.2018 for disposal of application 8Ga for temporary injunction and objections filed against the same by the petitioners.

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Counsel for the petitioners submitted that in view of pendency of earlier suit, proceedings of the instant suit were liable to be stayed under Section 10 CPC. It is urged that in such circumstances, the Court was not justified in fixing the application for temporary injunction for disposal on the next date.

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Sri Alok Yadav, holding brief of Sri Pramod Kumar Dwivedi, learned counsel appearing on behalf of the plaintiff respondent has made a statement at the Bar that he has no objection in case, the trial Court is directed to decide the issue relating to applicability of Section 10 CPC along with application for temporary injunction including the objections.

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Admittedly, apart from framing the issue relating to applicability of Section 10 CPC, other issues have not been framed so far, although the petitioners have already filed their written statement. In the opinion of this Court, the trial Court was fully justified in observing that it will proceed to frame other issues arising between the parties. Therefore, this Court does not find any illegality in the order impugned. However, after the other issues are framed, it is desirable that the issue relating to applicability of Section 10 CPC is taken up for consideration and along with which, it shall also be open to the trial Court to consider the application for temporary

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injunction including the objections. It is further provided that the issue relating to applicability of Section 10 CPC as well as the matter relating to grant of temporary injunction including the objections shall be heard and decided by the trial Court by fixing short dates, without granting unnecessary adjournments to the parties.

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The petitiion stands disposed of with the said direction.

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(Manoj Kumar Gupta, J.)

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Order Date :- 20.3.2018 AM/-

Sudha Jain and 2 Ors. v. Nipun Jain and Anr.

Case brief

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Sudha Jain and 2 Ors. v. Nipun Jain and Anr.

Case brief

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