July 15, 2024, 6:18 pm

Partition Suit

How to stay of Civil Suits ?

Section 10 of the Code ,How to stay of Civil Suits ?

In civil matters Section 10 is mandatory and if all the conditions of section 10 is maintained or fulfilled, the subsequent suits must be strayed. See Page 44 DLR ( HCD), 55. The Section is not applicable only when some issues are common, the subsequent suit should have reference to the entire subject matters See 5 BLC ( HCD) 87,Procedural law is designed to get desired relief without undergoing unnecessary harassment. The main purpose of this section 10 of Code is to save the litigant from avoidable inconvenience and harassment. That is why the section 10 of the Code of Civil Procedure is mandatory.If the learned courts finds any of the conditions as contained in the section for staying the subsequent suit is present, the court is bound to stay the proceedings of th subsequent suits till disposal of the previously instituted suit.

It is now settled an uniform view that th circumstances and the conditions under which the subsequently instituted suit may be stayed are not present, the court shall not apply its power given under section 10 of Code,.In some cases , the superiors courts stayed the proceedings of t he subsequent suit by invoking inherent power of the court and in some cases directed simultaneous or analogous trial of the two suits.

In a suit,the plaintiffs prayed for the declaration of his title and that the recordingsof the suit land in the ROR Khatian No-1 was wrong. The Government filled another suit claiming title to that land and in this subsequent suit, the |Government claiming recording the suit land in the Khas Khatian was correct. An application was filled under section 10 of the Code with section 151 of the Code, but the learned Court rejected the application mainly on the ground that the relief claim by the parties are not same

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