SHAKUNTLA & OTHERS Vs. SARDARA & OTHERS

JUDGEMENT

(1.) The defendant in the suit for recovery of possession filed an application invoking the provision under Section 10 CPC praying to stay the proceedings on the ground that the matter in issue in the suit for recovery of possession was directly and substantially an issue in the previously instituted suit by the defendant as against the plaintiff herein praying for declaration of title and also for permanent injunction.

(2.) The trial Court having adverted to the scope of those two suits dismissed the application seeking stay of the proceedings.

(3.) Learned counsel appearing for the revision petitioner would submit that inasmuch as the issues involved in both the suits are quite identical, in order to avoid conflicting decisions, the present suit laid for recovery of possession by the plaintiff as against the defendant who is the revision petitioner herein shall be stayed.