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1978 DIGILAW 185 (MP)

L. G. Sapre v. M. P. Agricultural Corporation, Raipur

1978-03-03

A.P.SEN

body1978
Short Note : 1. It is true that for the application of section 10 of the Code of Civil Procedure, a complete identity of parties or subject-matter is not necessary. It is sufficient if there is a substantial identity of parties or subject-matter in the two suits. That test is however not fulfilled in the instant case. There is no substantial identity of the parties nor is the subject-matter of the suit in the two suits common. The defendant, L.G. Sapre who is the plaintiff in the suit for ejectment, alleges that the contract of lease was with M/s. Vitthal Vaman Muthey while the plaintiff M/s. M.P. Agricultural Corporation asserts that there was an agreement of lease with them. According to the pleadings of the parties there were two separate leases, and the question is as to who is the lessee viz. M/s. Vitthal Vaman Mnthey or M/s. M. P. Agricultural Corporation. Thus there is no substantial identity of the parties nor of the subject-matter in the two suits. Court directed both cases to be tried together before the Court of 3rd Additional District Judge, Raipur. Laxmi Bank Ltd. Akola v. Harikishan, ILR 1948 Nag. 403, Ramdharilal v Devendra Prasad, 1961 MPLJ (N) 63, Munnalal v Purshoftamlal, 1962 MPLJ (N) 189, referred to. Revision dismissed.