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2019 DIGILAW 1486 (RAJ)

Shivram Singh Son Of Shri Leela v. Hukam Singh Son Of Leela

2019-05-13

SANJEEV PRAKASH SHARMA

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JUDGMENT Sanjeev Prakash Sharma, J. - By way of this writ petition, defendant-petitioner assails the order dated 28/02/2019 whereby the application moved by him under Oder 10 CPC for staying the proceedings relating to the suit, which was filed before the ACJM, Nadbai, titled as Hukam Singh Vs. Shivram Singh, has been rejected. 2. Learned counsel for the defendant-petitioner submits that as the properties in question are the same, the subsequent suit filed at the aforesaid Court was hit by Section 10 CPC. 3. Heard learned counsel for the defendant-petitioner. 4. Section 10 CPC provides as under:- "10. Stay of suit.- No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantively in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court. Explanation.-The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action." 5. In view of above provision, if there is any suit filed with regard the same nature of suit which is already pending and where the parties are same and the issues involved are also same, the subsequent suit proceedings have to be stayed. 6. Keeping in view the aforesaid principles, if the facts of the present case are examined, it is noticed that while the defendant- petitioner had filed a suit for partition, the suit preferred before the Court of ACJM, Nadbai by plaintiff-respondent-Hukam Singh is for cancellation of the sale deed and to declare it null and void and for permanent injunction. The parties to the suit are also different and the nature of the case is also found to be different. 7. Keeping in view the aforesaid facts, the learned trial court has rejected the application filed by the defendant-petitioner under Section 10 CPC vide order impugned which is found to be correct and there does not seem to be any jurisdictional error therein. 8. 7. Keeping in view the aforesaid facts, the learned trial court has rejected the application filed by the defendant-petitioner under Section 10 CPC vide order impugned which is found to be correct and there does not seem to be any jurisdictional error therein. 8. It is also noticed that the defendant-petitioner had earlier moved an application on 16/12/2012 before the Court of ACJM, Nadbai under Section 10 CPC which was rejected on the same grounds. Thus, a second application has been moved with regard to the same facts. The repetitive applications are inadmissible and not maintainable. 9. Consequently, the present writ petition is found to be devoid of merit and the same is accordingly dismissed.