RANA PURKAYASTHA Vs. HIMADRI PURKAYASTHA

JUDGEMENT

(1.) The short question involved in this Revision Petition is whether Section 10 of the Code of Civil Procedure (for brevity the CPC) can be invoked to stay the subsequent suit being Title Suit No. 39(T)2001 pending in the Court of the Assistant of the Deputy Commissioner, Shillong, till the disposal of Title Suit No. 11 (T) 97 pending in the Court of the Assistant to the Deputy Commissioner, Shillong.

(2.) The main thrust of the petitioner is that the subject matter, the parties and the issues involved in both the suits are the same. The right, title and interest over the suit land between the petitioner and the opposite party in Title Suit No. 11 (T) 97 is to be decided first, then only a decree in Title Suit No. 39(T) 01 can be passed directing the defendant No. 1, Registrar to register the impugned Sale Deed. Though in Title Suit No. 39(T) 01 two parties were added as parties being opposite party No. 2 and proforma opposite party No. 3 but the party No. 2 cannot agitate the matter independently without the opposite party No. 1.

(3.) Therefore, all the ingredients of Section 10 of the CPC are available and the Court in exercise of revisional jurisdiction should stay the Title Suit No. 39(T)01, so that two conflicting decrees may not pass relating to the same subject matter and between the same parties.