SURESH KUMAR BANSAL Vs. VIJAY KUMAR JAIN

JUDGEMENT

(1.) Impugned herein is the order dated 10.12.2004 passed by Addl. District Judge/Judge Small Causes Court (Court No. 9) Merrut whereby application filed under Section 10 of the C.P.C. was rejected.

(2.) Before adverting to the disputation involved in the suit, it would be useful to portray summary of facts bearing on the controversy involved in the matter. The dispute substantially is that the applicant having instituted a suit being suit No. 60 of 2003 earlier in point of time for the relief of restraining the respondent from forcibly evicting the applicant from the premises in question except in accordance with law, the subsequent suit bearing No. 28 of 2003 instituted by the respondent for eviction from the self-same premises and for arrears of rent and damages was liable to be stayed in view of the provisions of Section 10 of the C.P.C.

(3.) In so far as subsequent suit instituted by respondent is concerned, it would appear that the same was instituted in the Court of Judge Small Causes for the relief of a decree for eviction of the applicant from the house No. H 346, Shastri Nagar Meerut and for arrears of rent as well as for damages alongwith other ancillary reliefs as claimed in the plaint. It would further appear that the applicant, in the course of trial of the suit, moved an application in J.S.C.C. Suit No. 28 of 2003 attended with the prayer that by virtue of pendency of earlier suit No. 160 of 2003 in the Court of Civil Judge (J.D.) Meerut, the subsequent Suit i.e. suit No. 80 of 2003 was liable to be stayed in view of provision of Section 10 of the C.P.C. An objection was preferred by the respondent with the prayer to disallow the application of the applicant on the ground that the suit in question was for the relief of passing a decree for eviction in accordance with law. In the ultimate analysis, the application of applicant met the fate of rejection and it was set out in the order that the matter in issue in both the suits is distinct from each other and further; Section 10 of the C.P.C. is wholly inapplicable.