Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of interim stay order - Application U.O.39.R.2-A CPC filed during pendency of suit - Suit decreed - Application deserves to be decided on merits and cannot be disposed of as having become infructuous...........
Contempt of Courts Act, 1971, Section 2(b) -- Contempt of Court - Non compliance of directions of Supreme Court - Stay application pending in review petition - Not a ground for non compliance of the directions - Notice issued to respondent...........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application filed U.O.9.R.13 CPC - Stay application be heard and decided on merits prior to execution of warrants of possession so that defendant is able to prima facie put forth his case before being dispossessed in execution of..........
Civil Procedure Code, 1908, Section 10 -- Stay of eviction petition - Petitioners moved application u/s 10 CPC in an eviction petition - Eviction petition before Rent Controller is not a suit, provisions of S.10 CPC not applicable to eviction petition - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Where two suits are pending before Courts of two separate jurisdiction relating to two separate cause of actions, where subject matter also relates to two separate type of properties merely because one issue regarding Will is common and would have the material bearing, would not attract provisions of S.10..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for permanent injunction and declaration was filed - Subsequent suit for eviction and arrears of rent has no connection with earlier suit - Both the suits are not interlinked in any manner - Application rightly rejected...........
Civil Procedure Code, 1908, Section 10 -- Stay of execution petition - Both the execution petitions arise out of decree of different nature - Merely because subject matter of execution is common, provision of S.10 CPC are not attracted - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Earlier suit qua the subject matter of present suit pending consideration in second appeal - Appeal is continuation of suit - It can be safely held that lis in between the parties qua the same subject matter is sub judice before a competent court - Undeniably there is possibility of conflicting..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Determination in both the suits different - Though land in both the suit is same but cause of action for institution of both the suits and parties therein are different - Application seeking stay of further proceedings of previous suit, rightly dismissed...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Subject matter in controversy in both the suits is not same - Relief claimed in both the suits is also different - Decision rendered in first suit will not bar second suit as per principle of res judicata - Application for stay of subsequent suit rightly rejected...........
