LAWS(PAT)-2013-9-53

SUBODH SAGAR @ SUBODH SAGAR SHARMA Vs. SAROJ KUMAR

Decided On September 18, 2013
Subodh Sagar @ Subodh Sagar Sharma Appellant
V/S
SAROJ KUMAR Respondents

JUDGEMENT

(1.) The petitioner is aggrieved by an order dated 16.8.2012 passed by learned Munsif-II, Munger in Eviction Suit No. 15 of 2009 whereby an application filed by the petitioner dated 4.4.2011 seeking stay of the said suit in terms of Section 10 of the Code of Civil Procedure (hereinafter referred to as 'the Code'), on the plea that the matter in issue in Eviction Suit No. 15 of 2009 is directly and substantially in issue in previously instituted suit i.e. T.S. No. 22/97, has been rejected. To bring forth his point, learned counsel for the petitioner submits that suit property in both the cases are same. In the previous suit, plaintiff, who is respondent herein, is a defendant. He submits that by an order passed in the previous suit, the plaintiff of the subsequent Eviction Suit No. 15 of 2009, has been injuncted from alienating the suit property or altering the nature of the suit property in any manner.

(2.) In such circumstance, he submits that the Court ought to have applied Section 10 of 'the Code' and ought to have stayed proceedings in the subsequent suit.

(3.) Before I come to the provisions of Section 10 of 'the Code', the brief facts need to be stated. In the subsequent suit, which is Eviction Suit No. 15 of 2009, the Respondent is the Plaintiff and has sought for eviction of the petitioner on the ground of his personal necessity.