CHANDRASHEKHAR, J. - (1.) AGGRIEVED by order dated 24.09.2008 whereby, the application dated 01.03.2008 under Section 10 C.P.C. was dismissed, the petitioners have approached this Court by filing the present writ petition.
(2.) THE application was filed by the defendant nos. 7, 8 and 9 in Partition Suit No. 187 of 2005. Another Partition Suit No. 328 of 1986 was filed in the Court of SubJudgeIX, at Ranchi in which the applicants of Section 10 application are codefendants.
(3.) THE learned counsel for the petitioners submits that the Partition Suit No. 187 of 2005 was instituted by the legal heirs of the defendant no. 4 in Partition Suit No. 328 of 1986. In the previously instituted suit that is, Partition Suit No. 328 of 1986, the petitioners are also made partydefendants and thus, the parties in Partition Suit No. 187 of 2005 are also party to Partition Suit No. 328 of 1986. It is further submitted that the scheduled suit property in Partition Suit No. 187 of 2005 forms part of the scheduled property in Partition Suit No. 328 of 1986. In these facts, it is submitted that if the subsequent suit being Partition Suit No. 187 of 2005 is permitted to continue it may result in conflicting order in as much as, the decree in subsequent suit that is, Partition Suit No. 187 of 2005 would bar execution in Partition Suit No. 328 of 1986. Section 10 C.P.C. reads 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 substantially 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." ;