The Patna High Court quashed an order granting stay of suit under Section 10 of the CPC, holding that once one defendant's application is rejected, no other defendant can file a fresh application for the same purpose.
The order dated 25.04.2018 granting stay of the suit is quashed.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1653 of 2018
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Versus
Patna High Court C.Misc. No.1653 of 2018(5) dt.14-09-2023 2/3
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Vaidehi Raman Prasad Singh For the Respondent/s : Mr. Sushmita Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
5 14-09-2023
1 . This is an application for quashing the order dated
25.04.2018 passed by the learned Sub-Judge 1st , Sheohar in T.S. No. 04 of 2012.
2 . Heard the learned counsels for the parties.
3 . The order dated 25.04.2018 passed by Sub
Judge-1st Sheohar is under challenge. The application under Section 10 of the C.P.C. for stay of the suit that is the present suit has been allowed.
4 . From the record, it appears that one of the parties that is wife of the present newly added intervenor-defendant had earlier filed an application under Section 10 of the C.P.C. which was dismissed by the Court below on 20.10.2014 and the same was never challenged and became final.
5 . Now, the newly added intervenor-defendant has again filed an application under Section 10 of the C.P.C and the suit has been stayed.
6 . I have heard the submission of the parties.
7 . Once the application filed on behalf of the one of
Patna High Court C.Misc. No.1653 of 2018(5) dt.14-09-2023 3/3
the defendants under Section 10 for Stay of the suit has been rejected, the other defendant/s cannot again file an application under Section 10 of the CPC for stay of the suit.
8 . In my opinion, the impugned order dated
25.04.2018 cannot be sustained.
9 . Accordingly, this application is allowed and the order dated 25.04.2018 is hereby quashed.
(Sandeep Kumar, J)
Shishir/-
U
1 issue framed by the court
Whether a defendant can file an application for stay of suit under Section 10 CPC when another defendant's similar application has already been dismissed.
1 provisions across 1 enactments
Abhay Kumar Singh
Ahilesh Kumar Singh
Amalesh Kumar Singh
Baby Devi Alias Sanju Devi
Archana Singh
Rahul Kumar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
