HASAN KHAN Vs. ZAREENA BANO

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution, challenges the order of Court below dated 12.08.2013 whereby the application of the petitioner/defendant preferred under section 10 C.P.C. is rejected by the Court below. Admitted facts between the parties are that the petitioner preferred the first suit Annexure P/5 and in the said case written statement is already filed by the respondent/plaintiff. Thereafter, respondent/plaintiff filed second suit Annexure P/3. Upon receiving notices of this suit, the present petitioner/defendant preferred an application under Section 10 C.P.C. for staying subsequent suit filed by the respondent. The said application is rejected by the impugned order dated 12.08.2013. Learned counsel for the petitioner submits that Court below has erred in rejecting the said application, whereas, learned counsel for the respondent supported the order.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) A bare perusal of provision shows that broadly there are four essential conditions for application of this section: - -(1) that the matter in issue in the second suit is also directly and substantially in issue in the first suit; (2) the parties in the second suit are the same or parties under whom they or any of them are litigating under the same title; (3) that the court in which the first suit is instituted is competent to grant the relief claimed in the subsequent suit.