Shree Chandrashekhar, J. - (1.) The petitioner, who is defendant in JBC Case No. 66 of 2015, is aggrieved of order dated 10.02.2016 by which the trial judge has directed him to deposit arrears of rent for the period between March, 2014 to December, 2015 within 15 days and to pay current rent to the plaintiff. He has also challenged order dated 18.07.2016 by which his application under Section 10 CPC for staying further proceeding in JBC Case No. 66 of 2015 has been dismissed and his defence has been struck-off for non-compliance of order dated 10.02.2016.
(2.) Stand taken by the petitioner is that during currency of lease agreement executed by the erstwhile owner namely, Nand Lal Prasad, he is not liable to pay rent to the plaintiff-Balaji Skyscrapers Construction Private Limited and, moreover, during pendency of the Title Suit No. 89 of 2014 further proceeding in JBC Case No. 66 of 2015 must remain stayed.
(3.) Section 10 CPC 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.";