HEERALAL Vs. VIKAS TAK

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 23.7.2015 passed by the trial court, whereby the application filed by the petitioner under Sections 10, 11 & Order 7, Rule 11 (a) read with Section 151 Code of Civil Procedure has been rejected.

(2.) The petitioner filed application under various provisions before the trial court, seeking stay of the proceedings in the suit filed by Vikas Tak and in the alternative, it was prayed that as the suit does not disclose any cause of action, the same be dismissed.

(3.) The application was opposed by the plaintiff and the trial court after hearing the parties came to the conclusion that the conditions required for staying a subsequent suit were not available in the present case as while the earlier suit was filed by Ayodhya Devi and the present suit has been filed by Vikas Tak and therefore, parties in both the suits are not similar and therefore, provisions of Sections 10 & 11 Code of Civil Procedure were not applicable.