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mukesh gupta (advocate)     13 February 2012

Res-subjudice

A filed a suit for eviction on the ground of bona-fide need. subsequently, A filed another suit on the ground of default of payment of rent.Both suits are pending. whether 2nd suit may be stayed u/s 10 CPC?



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 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     13 February 2012

He has to two different causes of actions - though they relate to broadly the same transaction. He is not bound to club two different causes of action though he is allowed to do so. S.10 won't apply in my view. Though both suits be dealt with together. 

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adv. rajeev ( rajoo ) (practicing advocate)     13 February 2012

Nature of suits are different so it cannot be stayed u/s 10 of CPC

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adv. rajeev ( rajoo ) (practicing advocate)     13 February 2012

Nature of suits are different so it cannot be stayed u/s 10 of CPC

Advocate Bhartesh goyal (advocate)     13 February 2012

Both the suits have different cause of action and grounds to get vacate the premises so sec 10 of C.P.C does not apply.

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