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Bharat Nidhi Ltd., Delhi Vs. Shadi Lal - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtPunjab and Haryana High Court
Decided On
Case NumberCivil Revn. No. 153 of 1953
Judge
Reported in(1954)56PLR12
ActsCode of Civil Procedure (CPC) , 1908 - Sections 10 and 151
AppellantBharat Nidhi Ltd., Delhi
RespondentShadi Lal
Appellant Advocate P.L. Bahl and; K.L. Mehra, Advs.
Respondent Advocate C.L. Aggarwal, Adv.
DispositionCivil revision dismissed
Cases ReferredDhanraj Yugul Kishore Co. v. Babulal Rain Chandra
Excerpt:
.....to stay proceedings in a suit, on account of the pendency of another action when the parties, the subject-matter, the issues involved and the relief claimed in both the actions are substantially the same and when the judgment in one case will effectually dispose of the matters in controversy in the other. 10. 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 the provinces having jurisdiction to grant the relief claimed, or in any court beyond the limits of the provinces established or continued by the central..........to stay proceedings in a suit, on account of the pendency of another action when the parties, the subject-matter, the issues involved and the relief claimed in both the actions are substantially the same and when the judgment in one case will effectually dispose of the matters in controversy in the other. this rule has been accorded statutory recognition by the enactment of section 10 of the civil procedure code which is in the following terms: '10. 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 the.....
Judgment:
ORDER

Bhandari, C.J.

1. This petition raises a short point upon the interpretation of section 10 of the Code of Civil Procedure.

2. The facts of the case are simple and not in dispute. On the 21st December 1943 one Shadi Lal brought an action against the Bharat Nidhi Limited for the recovery of a sum of Rs. 1,25,000/- on account of damages sustained by the plaintiff for being dispossessed of. a ginning factory during the period 25th September 1947 to the 4th December 1948. While this suit was pending in Court the plaintiff brought another suit for damages on similar grounds in respect of the period 21st December 1948 to the 21st September 1950. The decision of the trial Court in the prior action was hotly contested and the appeals preferred by the plaintiff and the defendant are pending in this Court.

On the 7th November 1952 the defendant made an application that as the matters in controversy in both the suits were exactly the same, the second suit should be stayed under the provisions of Sections 10 and 151 of toe Code of Civil Procedure. The trial Court declined to accede to the request and consigned, the application to the Record Room. The defendant is dissatisfied with the order and has come to this Court in revision.

3. It is a well known rule of practice that a Court is at liberty to stay proceedings in a suit, on account of the pendency of another action when the parties, the subject-matter, the issues involved and the relief claimed in both the actions are substantially the same and when the judgment in one case will effectually dispose of the matters in controversy in the other. This rule has been accorded statutory recognition by the enactment of section 10 of the Civil Procedure Code which is in the following terms:

'10. 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 the Provinces having jurisdiction to grant the relief claimed, or in any Court beyond the limits of the Provinces established or continued by the Central Government and having like jurisdiction, or before His Majesty in Council.'

4. The expression 'matter in issue' appearing in this section is wide enough to embrace ail matters in controversy between the parties including the relief claimed. In -- 'Jamini Nath v. Midnapur Zemindary Co.', AIR 1923 Cal 716 (A), Rankin C. J., expressed the view that when two suits are for the recovery of cesses due for different periods, there is no substantial identity of the subject-matter. He observed as follows:

'But it must be observed that a judgment for the recovery of subsequent cesses does not differ merely as being for a different form Of relief. It is the same kind of relief for an entirely separate subject-matter, namely, a debt which was not in existence at all at the' time of the previous suit. It does not follow, because the words the same relief are no longer in Section, that Section 10 is applicable to suits for recovery of successive rents.'

5. The above view has been endorsed by the High Courts at Lahore & Madras and by the Chief Court of Oudh in -- 'Roshan Din v. Malan Bibi', AIR 1S38 Lah 502 (B), -- 'Mahomed Alzal v. Mt. Sardar Begam', AIR 1949 Lah 69 (C) -- 'Munuswami v. Darwaja Raghupathi', AIR 1940 Mad 7 (D) and -- 'Channan Kuer v. Sahadeo Singh', AIR 1929 Oudh 341 (E). As pointed out by Achhru Ram, J., in -- 'Dwarkadas v. Governor General in Council', AIR 1947 Lah 28 (P), in order to attract the provisions of section 10, there must be a complete identity of the entire subject matter of the two suits or in other words, that every matter in dispute in one suit should be directly and substantially in issue in the other. As the matters in issue in the two suits now under consideration are not substantially the same the reliefs claimed in the two suits are for different periods and as the decision in the one action will not determine all the questions in the other, it seems to me that the provisions of Section 10 do not apply and the petitioner was not entitled to claim as of right that the proceedings in the second suit should be stayed.

6. Mr. Bahl, who appears for the petitioner, invites ray attention to a number of decisions in which it has been held that even though the provisions of Section 10 do not apply, it is within the power of the Court, in exercise of the powers conferred upon it by section 151, to grant a stay of proceedings on the ground of pendency of another action, vide -- 'AIR 1847 Lah 28 (P). Kadunial v. Tilak Ram', AIR 1929 Lah 12 (G) and -- 'Dhanraj Yugul Kishore Co. v. Babulal Rain Chandra', AIR 1943 Bom 205 (K). Following these decisions I am of the opinion that tile-proceedings in the second suit instituted by the plaintiff should be stayed until such time as the appellate Court has given its decision in regard to the matters in controversy arising in the first suit. I would order accordingly.

7. In view of this order Civil Revision No. 159 of 1953 is infructuous and is hereby dismissed.

8. There will be no order as to costs.


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