SWAPAN ROUTH Vs. NARENDRANATH MANNA AND OTHERS

JUDGEMENT

(1.) This revisional application at the instance of the plaintiff/petitioner is directed against an order dated Feb. 15, 2007 passed by the learned Civil Judge (Senior Division), Jhargram in Title Suit No. 1 of 2001 whereby an application under section 10 of the Code of Civil Procedure filed by the defendant nos. 4 to 6 seeking stay of the aforesaid suit till the disposal of First Appeal being F.A No. 2 of 2003 was allowed.

(2.) The backdrop of the matter may be synopsized as follows:

(3.) Relying upon the case of Aspi Jal and Another Vs. Khushroo Rustom Dadyburjor reported in AIR 2013 Supreme Court 1712 and the decision reported in AIR 2005 Supreme Court 242 in the case of National Institute of Mental Health & Neuro Sciences Vs. C. Parameshwara, learned counsel for the petitioner strenuously argued that the matter in issue in the subsequent suit was not directly and substantially in issue in the previous suit. Leading this Court through the plaint of Title Suit No. 49 of 1994 and the judgement of the trial court in the aforesaid suit, Mr Bhakat submitted that though the alleged sale deeds have been assailed as false and fabricated in paragraph 8 of the plaint of the earlier suit, the matter not being in issue in the said suit did not fall for consideration before the trial court. Further contention on behalf of the petitioner is that no relief was sought or granted in respect of the alleged deeds and the observation made by the trial Court regarding the matter is merely obiter dictum which is not binding. Therefore the provision of section 10 of the Code of Civil Procedure is not applicable to the facts of the case.