Jharkhand High Court
Suresh Kumar Jain vs Nand Kishore Prasad on 24 June, 2015
Author: P.P. Bhatt
Bench: P.P. Bhatt
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 2535 of 2009
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Suresh Kumar Jain son of Chunni Lal Jain, resident of Ward No. VI,
Jhumri Telaya, P.S.- Telaya, District- Koderma.
..Petitioner
Versus
Nand Kishore Prasad son of Kedar Ram, resident of Ward No. VII,
C.H. School Road, Jhumri Telaya, P.O. and P.S.- Telaya, District-
Koderma. ..... Respondent.
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CORAM: THE HON'BLE MR JUSTICE P.P. BHATT
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For the Petitioner(s) : Mr. Amar Kumar Sinha, Advocate.
For the respondent(s) :
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04/24.06.2015: The petitioner, by way of filing the present writ petition under Article 227 of the Constitution of India, has prayed for quashing the order dated 21.4.2009 passed by the Munsif, Koderma in Eviction Suit No. 9/2007 (Annexure-3), by which, the petition filed by the defendant- petitioner under Section 10 of the Code of Civil Procedure for stay of Eviction Suit No. 09/2007 till disposal of Title Suit No. 19/2008 has been rejected.
Heard the learned counsel for the petitioner and perused the record. From perusal of order dated 21.4.2009, it appears that the learned court below after careful consideration of the facts and circumstances, involved in this case, has rejected the application filed under Section 10 of the Code of Civil Procedure. The learned court below has rightly and properly appreciated the fact that the eviction suit has nothing to do with the Title Suit and therefore, it cannot be stayed under Section 10 of the Code of Civil Procedure. Section 10 of the Code of Civil Procedure provides as under:-
"10. Stay of Suit: 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 tile where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court."
In the Instant case, the eviction suit has been filed for ejectment of the defendant from the suit premises on the ground of personal necessity and default in making payment of rent under the provision of BBC Act, 1982. Whereas, Title Suit No. 19/2008 was filed for Specific Performance of the Agreement between the defendant-petitioner and the plaintiff- respondent. Thus it can not be said that the matter in issue is directly and substantially in issue in previously instituted suit between the same parties or between the 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.
The requirement as provide under Section 10 of the Code of Civil Procedure for staying the suit does not fulfill in the present case. Therefore, the view taken by the learned court below appears to be just and proper. This court does not find any infirmity in the order impugned dated 21.4.2009 passed by the learned court below.
Accordingly, this petition stands dismissed.
Anu/- (P.P. Bhatt, J.)