RAJINDER KOUR Vs. SARDAR AMAR JEET SINGH

JUDGEMENT

(1.) HEARD on admission.

(2.) PETITIONER calls in question the order dated 28.3.2014 passed by Civil Judge Class I, Jabalpur vide this petition under Article 227 of the Constitution of India; whereby, in a proceeding under Section 383 Indian Succession Act, 1925 brought in vogue by the petitioner for revocation of order dated 10.11.2003 passed in Succession Case No. 29/2003, the Trial Court while entertaining an application under Section 10, Code of Civil Procedure, 1908 filed by respondent has stayed the proceedings on the ground that, a suit for declaration that the succession certificate issued by order dated 10.11.2003 is null and void, has filed vide civil suit No. 66 A/2005 on 19.5.2006 and pending consideration before Fourth Additional District Judge, Jabalpur.

(3.) SECTION 10, CPC provides for that "no Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court." The section thus enacts rule of procedure. It has been held in Pukhraj D. Jain and others v. G. Gopalakrishna ( : AIR 2004 SC 3504) that "4..........It is not for a litigant to dictate to the court as to how the proceedings should be conducted, it is for the court to decide what will be the best course to be adopted for expeditious disposal of the case. In a given case the stay of proceedings of later suit may be necessary in order to avoid multiplicity of proceedings and harassment of parties. ...