PAL SINGH Vs. SARWAN SINGH

JUDGEMENT

(1.) In order to examine the merit of the submission, raised on behalf of the petitioner, while impugning the order of the learned Civil Judge (Senior Division), Phillaur, dated 31.1.1998, in this revision, reference to the provisions of Section 10 of the Code of Civil Procedure would be essential.

(2.) The bare reading of the provisions of Section 10 of the Code of Civil Procedure indicates that three basic ingredients, before the Court order directing the stay of the suit subsequently instituted, are that the matter in issue are also directly and substantially is the issue involved in the previously instituted suit, between the same parties or between under whom they or any of them claim litigating under the same title where the suit is pending in the same or any other Court in India even beyond the local limits of that Court.

(3.) An application in the suit, out of which the present revision has arisen, was filed for consolidation of the other suit being Suit No. 85 of 1984 titled Sarwan Singh v. Avtar Singh and Ors. The application was filed on the basis that the present suit instituted by Sarwan Singh against Jaspal Singh and others relates to the same property for which the relief had been claimed in that suit titled as Sarwan Singh v. Avtar Singh and Ors., where the Will dated 16.9.1980 allegedly executed by Karam Singh in favour of defendants 8 and 9 in the present suit was subject matter of the issue, as such, it was prayed that both the suits should be consolidated as provided under Section 10 of C.P.C. though specific prayer for stay was not made.