RAM DASS NARANG Vs. ATTAR SINGH

JUDGEMENT

(1.) This is defendant's application for staying the suit under Section 10 of the Code Civil Procedure on the ground of pendency of a previously instituted suit between same parties in which it is alleged that issues and controversies are substantially same between the parties.

(2.) I have heard learned counsel for the parties, who have taken me through the tire record.

(3.) Plaintiffs are the son of Jai Ram Narang and have claimed a decree of declaraon that judgment and decree passed in suit No.63/76 by the court of Shri P.L.Singla, then Sub Judge 1st Class, Delhi is null and void and is not binding on them. They have also prayed for declaration that defendant has no right, title or interest in shop 10.39, Edward Lines, Kingsway Camp, Delhi or any part thereof and that plaintiffs re the exclusive owners of shop No.39, Kingsway Camp, Delhi and that no partition shop No.39 had ever taken place between late Jai Ram Narang and the defendant. Decree for injunction has also been claimed by the plaintiffs restraining the defenants from claiming any right, title or interest in terms of the decree passed by Shri P.L.Singla, the then Sub Judge, 1st class, Delhi