A civil revision petition challenging a lower court order dismissing an application under Section 10 of the CPC was dismissed. The High Court held that the petitioner failed to establish that issues were directly in issue in prior suits to trigger Section 10 applicability.
Civil revision petition dismissed. No costs. Connected miscellaneous petition closed.
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.
C.R.P(MD)No.2319 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.07.2023
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
C.R.P(MD)No.2319 of 2018 and C.M.P(MD)No.10370 of 2018
K.Ramasamy ...Petitioner/Petitioner/ 3rd Defendant
Vs.
1.Rajeswari
2.Selvarani
3.Indhirani 4.K.Balasubramanian ...Respondents 1 to 4/ Respondents 1 to 4/ Plaintiffs
5.G.Ramakrishnan
6.R.Venkatesan
...Respondents 5, 6/ Respondents 5, 6/ Defendants 1, 2
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 07.08.2018 made in I.A.No.136 of 2017 in O.S.No.434 of 2010 on the file of the Additional District Munsif Court, Karur.
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C.R.P(MD)No.2319 of 2018
For Petitioner : Mr.R.Devaraj For R1 to R3, R5, R6 : Ex parte in lower Court For R4 : Mr.P.A.Athimoolapandian
ORDER
This civil revision petition has been filed against the order passed by the Additional District Munsif Court, Karur in I.A.No.136 of 2017 in O.S.No.434 of 2010 dated 07.08.2018.
same.
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C.R.P(MD)No.2319 of 2018
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C.R.P(MD)No.2319 of 2018
07.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn
To
2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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C.R.P(MD)No.2319 of 2018
C.KUMARAPPAN,J.
SN
C.R.P(MD)No.2319 of 2018
07.07.2023
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2 issues framed by the court
Whether the cause of action in the subsequent suit is directly and substantially the same as in the prior suit as required under Section 10 of the CPC.
Whether the trial court committed a manifest error in dismissing the application for staying suit proceedings under Section 10 of the CPC.
Colour shows how this judgement treated each authority
Aspi Jal and others Vs Khushroo Rustom DadyburjorReferred¶29
(2013) 4 SCC 333 (Aspi Jal and others Vs khushroo Rustom Dadyburjor) · Who else cites this
2 provisions across 2 enactments
K.Ramasamy
Rajeswari
Selvarani
Indhirani
K.Balasubramanian
G.Ramakrishnan
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
