Unless and until there is two suits pending involving same parties and cause of action, section 10 cpc has no applicability.
In this the earlier suit was allowed to be dismissed. So neither section 10 nor section 11 cpc is applicable here.
Section 10 of CPC
A filed suit for declaration of easement and abandoned the suit .Then he sold the property to B and he filed suit with same relief parties are also same . Then B filed a petition to restore the suit and pending .whether subsequent suit filed by B can stayed u/s 10 of CPC. Is there any citations
Asked 8 years ago in Civil Law
6 Answers
Subsequent suit by B cannot be stayed
2) B was not party to earlier suit filed by A
Section 10 is not applicable in your case since, section 10 is only applicable when two suit with same casue of action and between the same parties are filed in the court of law.
Regards
Shiv Dan Singh vs Darao Kumar AIR 1968 SC is the leading case on Section 10 of the code of civil procedure. In your case the subsequent suit filed by B should be stayed by the court under Section 10 of the CPC.
1. If A's suit was dismissed in default then B could not have maintained the application to restore as he was not a plaintiff therein.
2. The previous suit was filed by A, whereas the subsequent suit has been filed by B. Hence, the provisions of Section 10 CPC are not attracted in the first place. For Section 10 CPC to come into play the parties have to be the same.
3. Furthermore, the application to restore the dismissed suit is still pending, as you have stated. Therefore, the first suit is even otherwise not alive, which rules out application of Section 10 CPC.
A has filed the suit seeking certain reliefs and now he feels that he may not press the relief or the case itself, hence he may file a memo seeking permission of the court to withdraw the same.
The opposite party until there is any petition filed seeking counter claim he has no rights to get it reopened
