Showing : 1-10 of 84 Results

PATNA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Matter in issue in subsequent title suit is also directly and substantially the issue in earlier title suit between same parties or between the parties under whom they or any of them claim litigating under the same title - S.10 CPC is thus, applicable to proceedings of..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Defendant filed suit for partition against plaintiff and plaintiff filed a suit for cancellation of sale deed and to declare it null and void and for permanent injunction - Parties to suit are also different and nature of case is also different - Application filed by..........
JHARKHAND HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Previous suit is a declaratory suit while subsequent suit is of recovery of possession - No such issue has been framed with previous suit regarding recovery of possession since there was no prayer to that effect in previous suit - Relief in both the suits are not..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Execution - Stay of - Declaratory suit pending against DH - Petitioner filed an application for grant of probate before District Judge on basis of Will in his favour, which was dismissed - Even testamentary case filed by petitioner also dismissed - Petitioner in order to create complication and..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Conditions must be fulfilled to attract the provision of S.10 CPC, viz. (i) Suit must be between the parties; (ii) Matter in issue in the later suit must be directly and substantially the same as in the previous suit; (iii) On the date of application, both the suits must..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Whether suit will fail or abate, it is not the determining factor for deciding the application u/s 10 CPC - While deciding application u/s 10 CPC, Court cannot impose any condition...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of proceedings in subsequent suit - Two different suits filed in different jurisdiction for same estate - Suit at Ambala seeks decree of mandatory injunction directing petitioner to vacate suit premises and hand over its possession on basis of oral family settlement in 1998 whereas suit at..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Subject matter of both the suits not required to be identical, as per S.10 CPC - However, even if cause of action in subsequent suit is substantially similar, then subsequent suit is required to be stayed...........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Fate of subsequent suit for eviction is depended on fate of earlier suit for specific performance - If defendant succeeds in his suit for specific performance and decree is executed he would become owner of suit property - In such event, defendant would not be entitled to..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - A suit instituted prior in point of time cannot be stayed in application u/s 10 CPC and what can be stayed is subsequent suit...........

Showing : 1-10 of 84 Results