SAMPATI DEVI Vs. GANGA DEVI

JUDGEMENT

(1.) THIS revision application is directed against the order dated 12.5.2000 passed in Title Suit No. 87 of 1996 by the learned Sub -Judge III, Katihar, whereby the application of defendant no. 1 in the said suit filed in terms of Section 10 of the Code of Civil Procedure for staying the suit in view of earlier suit being Title Suit No. 44 of 1978, as between the same parties, substantially involving the same issue, has been rejected. The second suit would have to be stayed awaiting finality of the earlier suit.

(2.) ORDINARILY , Section 10 of C.P.C. applies when during the pendency of the first suit another suit, as between the same parties, involving substantially same issue has been brought to avoid the multiplicity of the suit. Section 11 C.P.C. contains the rule of res judicata whereby a judgment having attained finality is used to stop agitating the same issue in another suit.

(3.) WHILE dealing with issue no. 4, as indicated above, before the trial court the parties led evidences as to the right, title, interest and possession over various properties including the properties appertaining to C.S. plot no. 370, part of which had been purchased by defendant no. 5 in that suit, being defendant no. 1 -petitioner in the present suit. The trial court while dealing with the issue has, inter alia, held: