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1 - 10 of 16 (0.63 seconds)Section 10 in The Code of Civil Procedure, 1908 [Entire Act]
Aspi Jal And Anr vs Khushroo Rustom Dadyburjor on 5 April, 2013
In view of the above discussion, the provisions of Section 10 of the Code and the law laid down by Hon'ble Supreme Court as afore-noted, I have no difficulty to hold that the previously instituted two suits by the defendant-revisionist being O.S. No.625 of 2016 and O.S. No.640 of 2016 and the SCC case filed by the plaintiff-respondent/ landlady being SCC No.8 of 2017, are not in respect of the same cause of action, same subject matter and the same relief. Therefore, the court below has not committed any error of law to reject the Application 37ga by the impugned order dated 25.11.2017. The revision has no merit and, therefore, deserves to be dismissed.
Pukhraj D. Jain & Ors vs G. Gopalakrishna on 16 April, 2004
In Pukhraj D. Jain & Ors vs G. Gopalakrishna, [(2004) 7 SCC 251] (Para-4), Hon'ble Supreme Court explained the provisions of Section 10 C.P.C. and held as under:
Ramji Gupta & Anr vs Gopi Krishan Agrawal (D) & Ors on 11 April, 2013
In the case of Ramji Gupta vs. Gopi Krishan Agrawal [(2013) 9 SCC 438] (Paras-16 to 18), Hon'ble Supreme Court held that the Small Causes Court has no right to adjudicate upon the title of the property. A question of title could also be decided upon incidentally, and that any finding recorded by a Judge, Small Causes Court in this behalf, could not operate as res judicata in a suit based on title. The procedure adopted in the trial of a case before the Small Causes Court is summary in nature.
The Code of Civil Procedure, 1908
Section 15 in The Provincial Small Cause Courts Act, 1887 [Entire Act]
Section 25 in The Provincial Small Cause Courts Act, 1887 [Entire Act]
Manzurul Haq And Anr. vs Hakim Mohsin Ali on 14 May, 1970
In rejoinder, Sri Swapnil Kumar submits that the judgment in the case of Hasmat Ullah Khan (supra) relied by the court below runs in counter to the law laid down by the Full Bench in the case of Manzurul Haq (supra).