In this revision petition under Article 226, the High Court of Madras examined the validity of dismissing a stay application under Section 10 of the CPC. The Court held that the concurrent suit could not be stayed due to different subject matters and distinct parties involved.
No stay of proceedings granted; revision petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 13.06.2017
Coram:
The Honourable Ms. Justice V.M.VELUMANI
C.R.P.(PD)No.2226 of 2010
and M.P.No.1 of 2010
Rajendran ... Petitioner
Vs.
Balakrishnan ... Respondent
Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 12.03.2010 in I.A.No.12 of 2009 in O.S.No.575 of 1997 on the file of the Principal District Munsif Court, Gingee.
For Petitioner : Mr.G.Rajan. For Respondent : Mr.D.Ravichandran
O R D E R
This Civil Revision Petition is filed against the order dated 12.03.2010 in I.A.No.12 of 2009 in O.S.No.575 of 1997 on the file of the Principal District Munsif, Gingee.
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proceedings of the suit, till the disposal of the A.S.No.120 of 2005.
with regard to twenty five items whereas the subject matter in A.S.No.120 of 2005 is with regard to only one item.
record.
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V.M.VELUMANI, J.
cgi
further proceedings of the suit pending disposal of A.S.No.120 of 2005.
The present suit cannot be stayed as subject matter in the present suit is with regard to twenty five items, whereas the subject matter in A.S.No.120 of 2005 is with regard to only one item. The parties in the suits are different persons and trial in the present suit has commenced. The learned Judge considering these facts dismissed the application by giving cogent and valid reason. There is no illegality or irregularity warranting interference by this Court with the order of the learned trial Judge, dated 12.03.2010.
costs. Consequently connected Miscellaneous Petition is also closed.
13.06.2017
cgi/jv
Index: Yes/No speaking order/non speaking order To
The Principal District Munsif Court, Gingee.
C.R.P.(PD)No.2226 of 2010
2 issues framed by the court
Whether the concurrent civil suit can be stayed under Section 10 of CPC pending disposal of a related appeal involving different parties.
Whether the lower court rightly dismissed the stay application due to different subject matters across suits.
2 provisions across 2 enactments
Rajendran
Balakrishnan
V.M.VELUMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
