BHAGWAN SINGH Vs. S.K.JHA

JUDGEMENT

(1.) THESE four petitions under Article 227 of the Constitution of India are directed against the order dated 01.10.2012 of Civil Judge -02 (North) whereby these four applications U/s 10 read with order 7 rule 11 CPC were dismissed.

(2.) THE respondent No.5 herein namely Bhagwan Singh son of Raj Karan had field five suits against respondent Nos. 1 to 4, for cancellation of five sale deeds dated 06.12.2011 and for declaration and permanent injunction. One of the suits bearing No. 698/2006 was proceeded ex-parte against the defendants, but ultimately was dismissed vide judgment dated 12.01.2011. In the remaining four suits, the eptitioenr herein filed an applications U/s 10 r/w Order 7 rule 11 CPC seeking stay of these four suits on the ground that the issue arising in these suits has already been decided by the court in the suit No. 698/2006 whereby the said suit has been dismissed on the ground of being barred by limitation. The civil judge dismissed all the four applications observing that all the five suits were filed together on one day and so could not be said that suit No. 698/2006 was instituted prior in time. She also observed that appeal against the judgment of 12.01.2011 had been preferred by the plaintiff therein in the appellate court and so it could not be said that the issue is finally decided.

(3.) HAVING heard the learned counsel for the petitioner, I do not see the applicability of the provisions of Section 10 or Order 7 rule 11 CPC. The aforesaid five suits were filed by respondent No.5 against the four defendants (respondent Nos. 1 to 4 herein) seeking cancellation of five separate sale deeds in respect of different portions of the premises.