Learned Senior Counsel appearing on behalf of the petitioner would point out that that there has to be congruity in both suits and a substantial adjudication in one court ought cover a substantial adjudication in the other suit as well. This test, according to him, is most essential in this case since in his own suit there are 20 items of properties, which included deposits, jewellery and other valuables, besides, properties at Rewari, Delhi and Darjeeling, which are not the properties in the suit filed earlier by some of the defendants. Further, not even all the parties in the at Rewari are parties in the suit at Darjeeling and in the suit instituted at Darjeeling only the brothers have been made as parties while the sisters have not been. The plaintiffs at Darjeeling have only sought for declaration with reference to the properties which were included in the release but the plaintiff has himself filed the present suit for partition also of the properties at Darjeeling, which are not the subject of release. The counsel also argues that the suit at Darjeeling is still at the stage of service, while the proceedings at Rewari have gone to a still further stage of service being complete and the statements of the parties have also been brought on record.
