LAWS(MAD)-2008-12-324

TULASIMANI Vs. APSARA ALIAS SIVASUBRAMANIAM

Decided On December 02, 2008
Tulasimani Appellant
V/S
Apsara Alias Sivasubramaniam Respondents

JUDGEMENT

(1.) THE petitioners/petitioners/plaintiffs have filed this civil revision petition against the order dated 17.12.2007 in I.A.No.1551 of 2007 in O.S.No.355 of 2004 passed by the District Munsif Court, Udumalpet in dismissing the application filed under Section 10 of Civil Procedure Code.

(2.) THE trial Court, while passing orders in I.A.No.1551 of 2007, has inter alia opined that 'the two suits viz., O.S.No.241 of 1999 and O.S.No.355 of 2004 are totally different and that parties are different and the reliefs prayed for also different and has resultantly, dismissed the application.'

(3.) IT is to be noted that the ingredients of Section 10 of Civil Procedure Code will apply when a decision in one suit will non-suit the other suit. In that event, only it can be said that the matter in issue both the suits are directly and substantially the same. In case of two suits between the same parties when the facts clearly disclose and also establish that they are distinct and separate, there is no identity at all in regard to the cause of action and also the reliefs that are projected in both the suits and therefore, the provisions of Section 10 of Civil Procedure Code are inapplicable, in the considered opinion of this Court.