LAWS(J&K)-2018-8-103

MOHAMMAD MAQBOOL BHAT Vs. SONAULLAH MALLA & ORS.

Decided On August 29, 2018
MOHAMMAD MAQBOOL BHAT Appellant
V/S
Sonaullah Malla And Ors. Respondents

JUDGEMENT

(1.) Learned Sub Judge, Sopore, has, in terms of order dated 10.07.2017 (hereinafter shortly referred as the impugned order), stayed the trial of the suit titled "Mohammad Maqbool Bhat Vs. Sonaullah Malla & others".

(2.) It appears from the perusal of the impugned order that an application had been presented by the counsel for the respondents herein (defendants therein) submitting therein that same nature of case on similar facts and matter in issue being subjudice before the said Court, the application of Section 10 of the Code of Civil Procedure is attracted.

(3.) In the objections which have been filed by the petitioner herein, it has been stated that the application being misconceived merits rejection and the suit instituted subsequently has been stated to have been filed on a different cause of action.