UTTAM KUMAR Vs. SAMOO DEVI AND ORS

JUDGEMENT

(1.) The present petition is directed against the order dated 8.2.10 passed by the Addl. Civil Judge (Jr. Div.) No.3, Alwar in Civil Suit No. 98/02, whereby the court has rejected the application of the petitioner-original defendant filed under Section 10 of CPC.

(2.) It has been contended by the learned counsel for the petitioner that the issues involved in the instant suit and the previous suit instituted by the present petitioner are the same and the parties are also same, except one party, and, therefore, the present suit registered as Civil Suit NO. 98/02 was required to be stayed under Section 10 of CPC.

(3.) However, the learned counsel for the respondents has submitted that not only the parties are different in the said two suits but the disputed property is also different in both the suits and, therefore, the trial court has rightly rejected the application of the petitioner under Section 10 of the CPC.