JASWANT SINGH AND OTHERS Vs. SURJANT SINGH

JUDGEMENT

(1.) The petitioner-defendant filed an application under Section 10, Civil Procedure Code, for the stay of further proceedings in the suit alleging that the earlier suit involving the same matter was pending at the stage of second appeal in the High Court. The earlier suit was filed by the petitioner for a declaration that he had become owner of the house in dispute by adverse possession. The suit having been dismissed by the first Appellate Court, he came up in second appeal which stands admitted. The plaintiff-respondent filed the present suit for possession of the same house on the basis of title. The subject-matter in both the suits is not only substantially the same but identical. The trial Court, therefore, illegally refused to exercise jurisdiction in rejecting the application on the ground that the proceedings in the earlier suit having been decided in favour of the plaintiff, he had the right to continue with the suit. This petition is consequently allowed, impugned order set aside and the suit order to be stayed till the disposal of Regular Second Appeal No. 1683 of 1983. No costs.