Baba Jaharveer v. District Judge, Etah and 6 Others
Case brief
What is this about?
In a Writ petition under Article 227 challenging a trial court's order, this Court upheld the view that Section 10 CPC is not applicable where the suit properties in the two suits are different and the matters in issue are not directly and substantially the same.
What the court decided
Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6153 of 2019
Petitioner :- Baba Jaharveer Respondent :- District Judge, Etah And 6 Others Counsel for Petitioner :- Pushpendra Singh Yadav,Jadu Nandan Yadav
Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 17.07.2018 the trial court has decided Issue No. 4 with regard to applicability of Section 10 C.P.C. The issue has been decided against the petitioner who is defendant no. 1 in the said suit. The trial court has held that earlier suit bearing no. 453 of 2008 instituted by the petitioner was in respect of property no. 23-Sa/1.141 hectare of Village Chachaina, Post Khas, Pargana Etah Sakeet, Tehsil & District Etah. The trial court has also held that parties in the two suits are also not identical. The petitioner has also challenged the order dated 30.04.2019 passed by District Judge dismissing the revision.
Leaned counsel for the petitioner submitted that the suit property in both the suits is one and the same. However, this Court finds no force in the said submission.
A perusal of the plaint of Original Suit No. 453 of 2008 (Annexure-1) reveals that the said suit was in respect of property bearing no. 23-Sa/1.141 hectare in respect of which permanent injunction was sought by the petitioner. The case of the petitioner in the said suit was that the petitioner had purchased the suit property by means of registered sale-deed dated 21.05.2008 for a sale consideration of Rs.50,000/-. In the instant suit, the plaintiff (respondent no. 3 herein and defendant no. 1 of Original Suit No. 453 of 2008) has claimed that property no. 53-Sa/0.134 hectare belongs to him. There are large number of Mahua trees on the said land. The villagers use the said land for performing Puja and other ceremonies as Mahua tree is considered sacred.
Issues for consideration
3 issues framed by the court
Whether Section 10 of the Code of Civil Procedure applies when the suit property in the present proceedings differs from that in an earlier suit.
Whether the cause of action and parties are identical in two suits involving boundary disputes between the petitioner and respondent.
Whether the trial court's dismissal of the revision petition under Article 227 was legally sustainable.
Parties & counsel
- petitioner
Baba Jaharveer
- respondent
District Judge, Etah
Coram
Manoj Kumar Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- A227/6153/2019
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