(1.) THE Revision petitioner is the defendant in O.S.No.427 of 2008 on the file of the Court of the Additional Junior Civil Judgecum- XVII Metropolitan Magistrate, Rajendranagar, Rangareddy District. THE respondent herein/plaintiff filed the suit for injunction restraining the defendant/revision petitioner from interfering with his possession and enjoyment of the plaint schedule property.
(2.) THE defendant/revision petitioner contested the suit claim and while evidence is in progress, he filed I.A.No.544 of 2010 under Section 10 of the Code of Civil Procedure seeking stay of the trial in the suit on the ground that W.P.No.29001 of 2008 relating to the same subject-matter is pending on the file of this Court. THE Court below dismissed the said application by order dated 20.12.2010 and aggrieved by the same the present Civil Revision Petition is filed. I have heard the learned counsel for the petitioner.
(3.) A plain reading of the above provision shows that where the matter in issue in a suit is directly and substantially in issue in a previously instituted suit between the same parties, the Court in which the latter suit is filed is prohibited from proceeding with the trial of that suit. It is apparent that to attract the prohibition under Section 10 of CPC, the condition precedent is that the issue involved in both the suits should be directly and substantially the same.