RAJENDRA PRASAD Vs. KOMAL DEVI AND 9 OTHERS

JUDGEMENT

(1.) Heard Sri Udayan Nandan, learned counsel for the petitioner and Sri M.D. Singh Shekhar, learned senior advocate assisted by Sri Vaibhav Goswami on behalf of respondents 1, 2 and 3, the main contesting parties.

(2.) By means of instant petition, the petitioner has challenged the order dated 16.7.2016 passed by trial court deciding issue nos. 5 and 8 in Original Suit No.114 of 2012 and the order dated 1.9.2017 passed by Additional District & Sessions Judge, Kushi Nagar dismissing Civil Revision No.18 of 2016. Issue no.5 was framed on the pleading of the defendant/respondents 1, 2 and 3 to the effect that the suit was liable to be stayed under Section 10 CPC in view of pendency of an earlier suit between the parties being Original Suit No. 491 of 2009. The trial court has decided the said issue against the plaintiff/petitioner and in favour of the defendant/respondents 1, 2 and 3 being of the opinion that the subsequent suit no. 114 of 2012 deserves to be stayed in view of pendency of the earlier suit.

(3.) The impugned order has been challenged by the petitioner primarily on the ground that the issues involved in the previous suit i.e., Original Suit No.491 of 2009 are entirely different and distinct from that in the instant suit. It is urged that Section 10 CPC will have no application to the facts of the instant case.