SANDEEP Vs. NAGAR NIGAM, JODHPUR

JUDGEMENT

(1.) The petitioner has preferred this writ petition aggrieved by order dated 17.11.2016, vide which the application under Section 10 CPC was allowed and the second suit was stayed.

(2.) It is contended by counsel for the petitioner/plaintiff that the parties in the suits were different. It is also contended that the relief claimed in the suits were different and the private defendants do not have any right to move application under Section 10 CPC.

(3.) In support of his contentions, counsel for the petitioner has placed reliance on Ganga Devi (Smt.) and Ors. v. Nanalal and Ors., 2012(1) DNJ (Raj.) 237; M/s.Sankhla Industries v. M/s. Hiralal Pukhraj, AIR 1973 Rajasthan 306 (V 60 C 80); Ranjitmal Choradia v. Shivram Singh and Ors., 2011(3) DNJ (Raj.) 985; Om Prakash Khadaria v. Navratan Mal and Ors., 2013(1) DNJ (Raj.) 458 and Rathnavathi and Anr. v. Kavita Ganashamdas, 2015 DNJ (SC) 15.