Hello hon'ble members
I have a question with regard to a eviction proceeding.
eviction on the ground of wilful default filed
11(4) petition also filed and petition allowed due to non complaince and set exparte
set aside application filed by tenant and dismissed for default
consequentially pursuant to the 11(4) petition order, RCOP eviction allowed.
Now the tenant files RCA against RCOP and stay petition is got to be decided and posted for orders
Subsequently the tenant files RCA against the the 11(4) order, set aside application and also against the main RCOP asking for stay and condone delay... This petition is coming for hearing next time.
So there are two appeals and stay petitions against the RCOP. One appeal got numbered in which stay petition is pending. The other appeals are unnumbered against RCOP, 11(4) order, set aside application in which condone delay petition is pending. but the affidavit includes prayer for stay also
Can Sec.10 of the CPC (which restricts taking an application when already an application of the same nature is pending before the court) be invoked in rent control proceedings ?
Thanx in advance