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Adv.Asgher Mahdi (Advocate)     27 February 2022

Stay of proceedings

In an instant case the court in a partition suit decreed the matter and dispose off the matter by drawing F.D.P which got registered before the jurisdictional registrar say about a decade ago, whereas, instantly the LRs of JDR challenged the F.D.P before a competent court on the ground that the same is obtained on forged documents. The hon'ble court has admitted the suit and is pending, Mean while now the Decree Holders in that suit  filed an application before the other court  for the partition of further schedule suit property into the share of the petitioners by pending with the challenged F.D.P.  

Now the query is can any one of the interested party brings Stay u/s 10 of c.p.c? OR the instant court can proceed for further partition by keeping abeyance to the pending suit?



Learning

 1 Replies

Dr J C Vashista (Advocate)     27 February 2022

Yes, either of the defendant or any necessary party to the lis can move to the Court u/s 10 CPC which specifically barred intitution of subsequent suit for adjudication for any subject already decided which reads as,

"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 1[India] have jurisdiction to grant the relief claimed, or in any Court beyond the limits of 1[India] established or continued by 2[the Central Government 3* * *.] and having like jurisdiction, or before 4[the Supreme Court]."


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