The High Court held that both suits involved the same property (Gata No.43) and same parties. Consequently, under Section 10 of CPC, the later filed suit was correctly stayed pending the disposal of the earlier suit.
The writ petition is dismissed, upholding the stay of the second suit.
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Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 2504 of 2021
Petitioner :- Jai Ram Respondent :- Mohan And 4 Others Counsel for Petitioner :- Suresh Singh
Hon'ble Rohit Ranjan Agarwal,J.
injunction while the Suit No.916 of 2014 filed by the defendantsrespondents was in relation to cancellation of the sale deed executed in the year 1994. The relief sought in the two suits were totally different and thus both the Courts below were not correct in passing the order for stay of Suit No.1101 of 2014.
Order Date :- 6.7.2021 Kushal
2 issues framed by the court
Whether theTrial Court and Revisional Court correctly exercised jurisdiction to stay the second suit filed on the same property by different parties.
Whether Section 10 of CPC applies to prevent the trial of a later instituted suit when the subject matter and parties remain the same.
1 provisions across 1 enactments
Jai Ram
Mohan
Four Others
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
