HARNAM KAUR Vs. AJIT SINGH

JUDGEMENT

(1.) This revision arises out of an order passed by the trial Court on an application of the defendant-respondent herein under Section 10 of the Code of Civil Procedure praying for the stay of the suit instituted subsequently on the basis that the matter in issue in this suit is the same as the matter in issue in the suit instituted by the defendant/respondent earlier against the petitioner and others.

(2.) To appreciate the position in law, it will be in order to reproduce the Sections 10 and 151 of the Code of Civil Procedure :

(3.) The expression "the matter in issue is also directly and substantially in issue In a previously instituted suit beween the same parties.........." has to he construed to mean the entire subject matter of the two suits should be the same. In other words, every matter in dispute should be directly and substantially in issue in the two suits. This construction is further supported by the use of the expression "same cause of action" in the Explanation to Section 10 CPC. It has been held by this Court in Sagar Shamsher Jung Bahadur Rana and Another v. The Union of India and Others, reported as AIR 1979 Delhi 1 18 that the 'matter in issue' means all disputed material questions.