Two suits and same cause of action

monty lamba (Querist) 14 September 2016 This query is : Resolved
Dear Sir,
Hi,
1) I filed suit for declaration, possession
and permanent injunction, since 2012

2) one person filed application u/o 1 rule 10 cpc for making a party/defendant since 2014

3) thereafter applicant separate filed
suit for declaration, possession
and permanent injunction same cause of
action, i'm herein defendant since
2015

4) Hon;ble court allowed the party u/o 1
rule 10 and making the defendant for
applicant since 2016.

Dear Sir,
My Quarry should be file Application
U/o 2 Rule 2 C.P.C against plaintiff
therein my suit defendant :- two
suits and same cause of action,
please give your valuable advice.

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Raj Kumar Makkad (Expert) 14 September 2016
Move an application under section 10 of CPC in the subsequent suit seeking stay order as the issue in the subsequent case is already sub-judice between the same parties.

adv.bharat @ PUNE (Expert) 14 September 2016
Principle of res- judicata applies. Hence u can get stay order if made application u/s 10 of CPC.

R.K Nanda (Expert) 14 September 2016
Nothing to add more.

Advocate Bhartesh goyal (Expert) 14 September 2016
I completely agree with Mr raj Kumar makkad.

Ms.Usha Kapoor (Expert) 15 September 2016
Agree with experts.

Devajyoti Barman (Expert) 15 September 2016
Is the suit property in both suits same?
If yes then stay pf suit u/s 10 cpc applies.

monty lamba (Querist) 15 September 2016
Dear Sir,

Very Very Thanks and Regards for your valuable advice

Raj Kumar Makkad (Expert) 15 September 2016
You are most welcome Mr. Lamba.

Rajendra K Goyal (Expert) 19 September 2016
Agree with the expert raj kumar makkad.

Guest (Expert) 19 September 2016
Well aadvised.

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