Premdhar And Ors. v. Lekhram And Ors.
Case brief
What is this about?
The High Court of Chhattisgarh, in a writ petition filed under Article 227, rejected the petitioner's application for a stay on a subsequent lawsuit. The court held that since the subject matter in the previous suit is identical, Section 10 of the Civil Procedure Code operates as res judicata, and no interference with the lower court's discretion was warranted.
What the court decided
IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR
Writ Petition (227) N0. (", C) C,
/2014
PETITIONER 1.
DEFEND.ANTS N0.12,13 & 14
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2.
3
VERSUS
RESPONDENTS 1)
Plaintiff
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Defendant Norl 2)
Defendant No.2 3)
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Premdhar S/o Hiradhar, aged about 75 years, by caste Brahmin, R/o Pt Deen Dayal Awasiya Colony, Housing Board Rampur Korba, Tahsil & District Korba, Civil 85 Revenue District KorbafC.G.)
Pramoddhar S/o Hiradhar, aged abouf 72 years, by caste Brahmin, R/o C.E.L. Apartment Vasundhara, Enclave, A-17, New Delhi Pratapdhar S/o Hiradhar, aged about 59 years, by caste Brahmin, R/o House No. 339, Vivekanand Nagar Mopka, Bilaspur (C.G.)
LeKhram S/o Dayaram, aged about 46 years, by caste Patel, Occupation: Agriculture, R/o Village Bhengari, Tahsil Gharghoda, Distt Raigarh (C.G.)
Issues for consideration
3 issues framed by the court
Whether the writ petitioner is entitled to a stay on the filing of a second suit involving the same subject matter as a previously instituted suit.
Whether Section 10 of the Code of Civil Procedure regarding res judicata applies when the subject matter in issue is identical in two suits.
Whether the High Court can exercise writ jurisdiction under Article 227 to interfere with the trial court's rejection of a stay application.
Parties & counsel
- petitioner
Premdhar S/o Hiradhar
- respondent
Lekhram S/o Dayaram
- respondent
State of Chhattisgarh
Coram
Case details
As recorded by the court registry
- Court
- Chhattisgarh HC
- Decided on
- · September
- Registered
- Case no.
- WP227/646/2014
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