BHANWARI DEVI Vs. KRISHAN BIHAR PALIWAL
LAWS(RAJ)-2020-1-125
HIGH COURT OF RAJASTHAN
Decided on January 08,2020

BHANWARI DEVI Appellant
VERSUS
Krishan Bihar Paliwal Respondents

JUDGEMENT

- (1.)This writ petition has been filed by the petitioners- defendants (hereinafter referred to as 'the defendants') whereby the application filed by the defendants under Section 10 CPC has been dismissed.
(2.)Facts of the case are that the respondents-plaintiffs (hereinafter referred to as 'the plaintiffs') filed a suit for partition, declaration and permanent injunction against the defendants. During the pendency of the suit, the defendants filed an application under Section 10 CPC stating that a Civil Suit No. 136/2002 (1989) with regard to the same property and between the same parties has already been pending adjudication before the Civil Judge (Jr. Division) No. 5, Jaipur City. Since the subject matter of both the civil suits are same, the proceedings of the subsequent suit are required to be stayed till disposal of the Civil Suit No. 136/2002.
(3.)The plaintiffs filed reply to the said application. After hearing the arguments, the Trial Court vide its order dated 29. 3. 2019 dismissed the defendants' application under Section 10 CPC. Hence, the writ petition.


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