JANAGARAJAN Vs. THIRUVADUTHURAI AATHINAM

JUDGEMENT

(1.) THE revision petitioner/petitioner/plaintiff has filed this present civil revision petition as against the order dated 19.08.2008 in I.A.No.156 of 2008 in O.S.No.328 of 2006 passed by the learned Principal District Munsif, Thirukoilur in dismissing the application filed by the revision petitioner/petitioner/plaintiff under Section 10 of CPC praying the trial Court to stay the case in TR.NO.2 of 2007 pending before the Thirukoilur Tahsildar till the dispose of O.S.No.328 of 2006.

(2.) THE trial Court, while passing orders in I.A.No.156 of 2008 has come to the definite conclusion that I.A.No.156 of 2008 filed by the revision petitioner/petitioner/plaintiff is not maintainable and has resultantly dismissed the application. Further the trial Court is of the considered opinion that Section 10 of CPC is not applicable to the case in TR.NO.2 of 2007 pending on the file of Thirukoilur Tahsildar.

(3.) IT is to be noted that the aim of Section 10 CPC is to prevent the Courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of the same matter in issue. The main object is to avoid two parallel trials on the same issue by two Courts and to prevent conflicting findings on issues which are substantially or directly in issue in a previously instituted suit. Admittedly, the revision petitioner/plaintiff in O.S.No.328 of 2006 on the file of Principal District Munsif, Thirukoilur has prayed for the relief of interim injunction against the defendants therein. In fact, the relief prayed for in TR.No.2 of 2007 before the Thirukoilur Tahsildar is different than that of the relief prayed for in the suit. IT cannot be gain said that the proceedings before the Thirukoilur Tahsildar in TR.No.2 of 2007 is not a suit and as such Section 10 of CPC is of no avail and as the applicability of Section 10 of CPC is of no avail to the revision petitioner/plaintiff and in view of that matter, the civil revision petition fails and the same is liable to be dismissed.