MANILAL Vs. MEENU SINGHANIA

JUDGEMENT

(1.) THE applicant/plaintiff is aggrieved by order dated 11.11.1994 passed by the 1st Additional District Judge, Ratlam, in Civil Suit No. 15B/93, allowed the defendants' application u/s. 10 of the CPC and stayed the plaintiff's suit.

(2.) THE applicant/plaintiff's suit is for recovery of damages of Rs. 1,05,000/ - for alleged breach of contract by the defendants for supply of certain goods. According to the plaintiff, the respondent/defendant No. 1 Meenu Singhania runs his business in the name and style "Shri Interplast Industries", the respondent No. 2. On service of summons of the suit, the defendants put in their appearance and filed application u/s. 10 of the CPC along with a copy of plaint of a suit filed by M/s. Hindustan Exports Enterprise, a partnership firm against the plaintiffs proprietorship firms namely Ajit Plastic Industries and Indore Plastic Corporation in the High Court of Judicature at Bombay, and prayed that the suit filed by the plaintiff in Ratlam Court be stayed till the decision of the suit filed in Bombay High Court. The suit filed in Bombay High Court is admittedly prior in time. The Court below on consideration of the pleadings of the two suits came to the conclusion that the matter in issue in both the suits is substantially the same and that there is also identity of the parties. On these premises, the learned Judge allowed the defendants' application and stayed further proceedings in the subsequent suit pending decision of the former suit.

(3.) IN M/s. D.L.F. Housing and Construction Co. (P) Ltd. v. Sarup Singh and others (AIR 1971 SC 2324) it has been held;