Final Order 1

Order Details: Other
Pdf Text: 16.08.2018
SU 1822/10
CORAM : G.R. AGRAWAL, JUDGE (C.R. No.03)
Adv. Ms. Manasi Bandiwade for plaintiffs present.
None for defendant.
Cost is not paid by plaintiffs as per order dated 18.6.2018.
In view of deletion of section 9A of CPC, the preliminary issues
framed on 27.7.2017 shall be considered while framing issues in the
suit.
kept back
Later on at 12.05 pm.
None for plaintiff.
Adv. Ms. Poojari for defendant present.
Heard Ld. Counsel for defendant in NM No. 177/2018.
This notice of motion is filed by defendants praying for staying the
suit before Small Causes Court on the ground that the subject matter
of both the suits filed by present plaintiff are identical and the issues
arising in both the suits are same. There is no dispute that the
present suit was filed in the year 2010 and the suit before the Small
Causes Court has been filed in the year 2017.
Under section 10 of CPC, no court shall proceed with 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. In the
instant case, the suit pending before this Court is the previously
instituted suit and the suit filed before the Small Causes Court is
subsequently filed. Hence the prayer made in the present notice of
motion is not tenable before this court. At this stage, the Ld. Counsel
for defendants submits that she is not pressing the notice of motion
and she may be permitted to withdraw the notice of motion with
liberty to take appropriate steps. In view of this request, notice of
motion no.177/2018 is disposed of as not pressed with liberty to
take appropriate steps in accordance with law.
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Matter adj. for Framing Issues to 04.10.2018.
Judge
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