Section 10 of cpc

Daljit Singh Mann (Querist) 22 April 2014 This query is : Resolved
Respected Advocates,
Some part time workers, serving in the department of education, filed a civil writ petition titled as Ramesh Kumar and others v/s State of Punjab and other in the High Court for the States of Punjab and Haryana in the year 2012 and sought the claim for their regularization of services. This petiton is pending consideration before this Hon'ble Court but now, a part time worker who is not a petitioner in the above cited petition, filed a civil suit titled as Hari Chand v/s State of Punjab in the court of civil judge junior division in the year 2014 and claimed the regularization of service. My question is whether section 10 of CPC will apply here for the stay of above said civil suit on the plea that a case of similar matter/ nature is pending before the higher Court for adjudication.
Thanks.

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ABDUL RAZIQUE (Expert) 22 April 2014
Section 10 of the Code of Civil Procedure provides the rule with regard to stay of suits where things are under consideration or pending adjudication by a court. That section reads:

Stay of suit:

No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.

yes Sec 10 CPC is applicable here.

ajay sethi (Expert) 22 April 2014
no section 10 CPC wont be applicable . in said writ petition worker is not party to said proceedings .

Rajendra K Goyal (Expert) 23 April 2014
Section 10 would not be applicable as the worker in the suit are not a party in pending suit.

Biswanath Roy (Expert) 23 April 2014
When the whole question is pending before the Hon'ble High Court the subject question cannot be discussed out of the Court or to deal with the same adversly.