SOUTH EASTERN COALFIELD LTD Vs. VIKAS KUMAR SINGH

JUDGEMENT

(1.) Taking exception to the impugned order passed by the trial Court under Section 10 of the Code of Civil Procedure, 1908 staying the subsequent Civil Suit No. 21A/2016 (Mahaprabhandak, SECL vs. Vikas Kumar Singh) holding that the matter in issue is directly and substantially the same issue in a previously instituted suit between the same parties which has been questioned by the petitioner in this writ petition.

(2.) Mr. Vinod Deshmukh, learned counsel appearing for the petitioner submits that the trial Court is absolutely unjustified in invoking Section 10 of CPC as the matter in issue in present suit is not directly and substantially the issue in previously instituted suit though the suit is between the same parties, therefore, the trial Court is absolutely unjustified in granting the application under Section 10 of the CPC.

(3.) I have heard learned counsel for the petitioner, considered his submissions made hereinabove and perused the record.