UMA SONI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Manoj Kumar Yadav, learned counsel for the petitioner and Shri Hemant Pandey, learned Standing Counsel for the State-respondents. Shri Pankaj Gupta, learned counsel has accepted notice on behalf of the respondent No. 2.

(2.) By means of the instant petition, the petitioner prays for the following relief :

(3.) The primary submission of the learned counsel for the petitioner is that before the respondent No. 2, two separate suits under Sec. 116 of the U.P. Revenue Code, 2006 have been instituted relating to the same plot number. It is urged that the law does not permit filing of more than one suit in respect of one plot wherein the parties are one and the same. He further submits that even otherwise in terms of Sec. 10, CPC subsequently instituted suit should have been stayed and in this view of the matter, he submits that the proceedings of the subsequently instituted suit under Sec. 116 of the U P Revenue Code be quashed.