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A B Pralhad (Student)     21 January 2018

Title declaration and partition is different subject matter?

Plaintiff filed suit against his 2 brothers (defendant 1 and defendant 2) for partition of property, as per plaintiff they are joint family properties and purchased from joint family income which is totally wrong.
Partition of all properties (agricultural and house) between plaintiff and his brothers (defendants) has already been done and everyone enjoying his possession and title. and everyone earning money from is agriculture property. Defendants purchased some other properties from their agriculture earning and for last 30 years they are on name and paying taxes to Govt offices.

All properties are registered on defendant name last 30 yrs and now Plaintiff wants share in that saying they are joint family properties taken from joint family income...

Def 1 expired hence new def 1 and def 2 his sons added in suit.

There are 6 property added in a suit by plaintiff and 3 defendant. Def 1(previous defendant 1 son) - 1 property..DEF 2(defendant 1 son) - 3 PROPERTY..Def 3 - 2 property.

Before this suit filing, Defendant 1 and defendant 2 are real brother and after their father death (Def 1 in previous suit), partitioned all agriculture and house properties between them

But later defendant 2 from suit filed new suit for title declaration/ injunction against defendant 1(real brother) of old suit because Def1 registered his name for def 2 one property (from 3 properties mentioned in old suit) at city survey office saying he has share in that property by order of city survey officer.

Plaintiff of old suit is added third party in new suit also submitted his WS and later he submitted application under sec10 CPC to stay new suit as old suit is pending before.for same and other property against def.

Def 3 from old suit is not interested in new suit but he is involved in old suit for his property added by plaintiff.

So old suit is pending since 25 years and new suit filed is going on from last 10years.

In new suit, third party added who is Plaintiff in old suit filed Sec 10 application to stop new suit and continue old suit filed by him before 25 years.
Old suit was for 1/ share of partiion by Plaintiff.
New suit is for Title declaration by Def 2.

Question is title declaration/injunction alleged in new suit and partition in old suit are two diff subject matter. Can be new suit stayed under SEC 10 CPC?


 3 Replies

G.L.N. Prasad (Retired employee.)     21 January 2018

The query is confusing.  As it is the matter is being in Court, and your advocate is handling the matter.  Please trust your advocate and seek his guidance as he is aware of the material facts of possession, and earlier partition suit pending etc.

1 Like

R.K Nanda (Advocate)     21 January 2018

New suit cannot be stayed.
1 Like

A B Pralhad (Student)     21 January 2018

Originally posted by : R.K Nanda
New suit cannot be stayed.

That would be great for us. Still Can you please just tell me on which ground it will be continueed?  Is the Title declaration partition is different subject matter at all?

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