PREMLATA GANDHI Vs. NIMMI GANDHI

JUDGEMENT

(1.) THIS IS AN APPLICATION UNDER SECTION 10 OF THE CODE OF CIVIL PROCEDURE READ WITH SECTION 151 CPC BY THE DEFENDANT SEEKING STAY OF THE SUIT PRIMARILY ON THE GROUND THAT PREVIOUSLY INSTITUTED BETWEEN THE SAME PARTIES IS PENDING BEFORE THE CALCUTTA HIGH COURT AND THAT THE MATTER IN ISSUE INVOLVED IN THE SUIT IN HAND IS ALSO DIRECTLY AND SUBSTANTIALLY IN ISSUE IN PREVIOUSLY INSTITUTED SUIT BETWEEN THE SAME PARTIES AT CALCUTTA HIGH COURT AND THEREFORE ACCORDING TO THE DEFENDANT THE PRESENT SUIT FILED BY THE PLAINTIFFS IS LIABLE TO BE STAYED UNDER SECTION 10 OF CPC.

(2.) THE DEFENDANT WHILE MAKING THIS APPLICATION HAS ALSO ANNEXED COPY OF THE PLAINT OF CALCUTTA HIGH COURT.

(3.) THE PLAINTIFFS HAVE FILED REPLY TO THIS APPLICATION REPUDIATING THE AVERMENTS MADE IN THE DEFENDANT'S APPLICATION AND CLAIMING THAT TWO SUITS , ONE FILED BY THE DEFENDANT AT CALCUTTA AND ANOTHER FILED BY THE PLAINTIFF IN DELHI ARE NOT ALIKE IN NATURE NOR THE MATTER IN ISSUE IN BOTH THE SUITS ARE DIRECTLY AND SUBSTANTIALLY SIMILAR.