ISLAM HUSSAIN AND OTHERS versus RIYAZ HUSSAIN AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Islam Hussain And Others v. Riyaz Hussain And Others - WRIT - C No. 37625 of 2006 [2006] RD-AH 11853 (20 July 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Umeshwar Pandey, J.

Heard learned counsel for the petitioners.

There are two suits being  O.S. Nos. 413 of 2003 and 279 of 2004. The earlier suit was filed by the respondents whereas the petitioners had filed subsequent suit. Both involve the same subject matter being  a house property and there are common question of law and facts, which require to be decided in both the suits. Therefore,  if in such circumstances, by the impugned order the court below has decided the preliminary issue staying the proceeding of subsequent suit under Section 10 C.P.C., such order is wholly correct and is not challengeable. The common question of law and facts when are involved in two suits, the proceeding of the subsequent suit has to be stayed and it is very much in consonance with the provision of Section 10 C.P.C. The order, as such, is wholly justified and cannot be interfered with in this petition, which lacks merit and is accordingly dismissed.

20.07.2006

gp/37625

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