Rajasthan High Court - Jaipur
Ashok Kumar vs Suresh Chand Saini And Anr on 9 September, 2008
Author: Dalip Singh
Bench: Dalip Singh
IN THE HIGH COURT OF JUDICATURE FOR RAJASHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL WRIT PETITION NO.8373/2007 Ashok Kumar Vs. Suresh Chand Saini 9.9.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri J.P. Goyal } Ms. Manish Surana}, for the petitioner.
The petitioner who is the defendant tenant has filed this writ petition challenging the order dated 6.7.2007 by which the application filed under Section 10 of the C.P.C. has been decided.
The defendant tenant petitioner's case was that the earlier suit No.56/2006 had been filed for default in payment of rent and nuisance material alteration as well as the personal necessity and subsequently the Suit zNo.57/2006 came to be filed on the ground of default in payment of rent as well as on the ground of sub- letting. It was submitted that in view of the provisions contained in Section 10 C.P.C. the proceedings of suit may be stayed in the subsequent suit.
I have perused the impugned order and I have heard the learned counsel for the petitioner the two suits arise out two separate causes of action. The period of default in the two suits is also separate and distinct. In that view of the matter despite the fact that the relief ultimately of eviction and arrears of rent may be the same and the parties are the same however the provision of Section 10 C.P.C. are not strictly attracted. The learned trial court has while deciding the application filed by the defendant petitioner ordered both the suits to be consolidated and tried together which will take care of the difficulty of the defendant petitioner.
In that view of the matter the impugned order calls for no interference in the writ jurisdiction. This writ petition is accordingly dismissed summarily.
(DALIP SINGH),J.
Ramchandrkhatri,P