Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was for declaration and subsequent suit was for partition - Core issue in both the suits are different even though property is same - Parties are also different - Pendency of earlier suit does not call for stay of subsequent suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Object underlying S.10 CPC is to prevent Courts of concurrent jurisdiction for simultaneously trying two parallel suits in respect of same matter in issue...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC deals with two identical suits - Though appeal is a continuation of suit, however, S.10 CPC cannot stretch to mean that even if an appeal is pending, a subsequent suit cannot be filed...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit filed by plaintiff is for declaration and permanent injunction and subsequent suit filed by defendant is for possession - Relief sought in both the suits is different, thus, it would not operate as res judicata - Application rightly rejected...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC only talks about stay on trial and not on the institution...........
Civil Procedure Code, 1908, Section 10 -- Stay of first suit - Second suit filed by defendant was merely a ploy to delay the proceedings in the first suit - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - There must be identity of the matter in issue in both the suits inasmuch as subject matter in both the proceedings is identical...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - If property in two suits is one and the same but issues are separate and there is no identity at all with regard to the cause of action and also the reliefs then subsequent suit is not liable to be stayed u/s 10 CPC...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - It is not only the identical subject matter but also the relief claimed in both suits that determine the applicability of S.10 CPC...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit filed for declaration and permanent injunction and subsequent suit for eviction - Issues which arise in earlier suit are quite distinct from issues which arise in suit seeking eviction of tenants - Although suits may be in respect of very same property, nevertheless, issues do not overlap and..........
