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Is section 10 of CPC is applicable in title declaration case
20-Feb-2023 (In Property Law)
I have civil suit running-Real brother is defendant no1 and My uncle is defendant no 2 (added by third party application). Suit filed by me for tital declaration. Real brother claim 1/2 share in property because his claim is in partition between me and he, property left joint and not partitioned. But all properties were partitioned already. Defendent no 2 claim 1/3 share as per he, this property is joint family property and purchased from joint family business. Def. no 2 already filed civil suit before for 1/3 share of property of me and my my other uncles property. So now that suit is older than my current suit. Hence he filed applciation under sec 10 of cpc to stay this suit and old suit will be finished first. In old suit, property are more and defendant are 3 and in my suit only one property. So my question is is sec 10 of CPC is applicable and court will allow? As defendant no 1 my ream brother dont claim 1/2 share in old suit, only uncle def no 2 claim 1/3 share.
The language of section 10 suggests that it is referable to a suit instituted in the civil court and it cannot apply to proceedings of other nature instituted under any other statute; National Institute of Mental Health and Neuro-Sciences v. C. Parmeshwara, AIR 2005 SC 242.
(ii) Two suits—Between same parties—Involving same subject‑matter and same questions—Held, subsequent suit should be stayed; Radhika Konel Parekh v. Konel Parekh, AIR 1993 Mad 90: (1993) LW 159: (1993) 1 Mad LJ 163.
As the cause of action in both the previous and the new suit is same i.e, the partition of the property, hence, the new suit is barred by the Section 10 of CPC. However, the stay on the new suit also depends upon the arguments put forth by both the parties.
(ii) Two suits—Between same parties—Involving same subject‑matter and same questions—Held, subsequent suit should be stayed; Radhika Konel Parekh v. Konel Parekh, AIR 1993 Mad 90: (1993) LW 159: (1993) 1 Mad LJ 163.
As the cause of action in both the previous and the new suit is same i.e, the partition of the property, hence, the new suit is barred by the Section 10 of CPC. However, the stay on the new suit also depends upon the arguments put forth by both the parties.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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What are the limitations of partition suit?
In India, the limitation period for a suit relating to partition is 12 years. This starts from the date the right to sue was acquired.
What happens when suit is dismissed?
The plaintiff can file a restoration request for the setting aside of dismissal under Order 9 rule 9 if the suit is dismissed due to default. This must be done by showing sufficient reason for the non-appearance at the hearing. 22 Feb 2023
What is the latest Judgement on partition suit?
The Supreme Court of India ruled in a landmark decision that every party interested is considered a plaintiff in a lawsuit for the partition of joint property. Each co-sharer is entitled to bring a suit for partition and no co-sharer may prevent the other from doing so. 10 Oct 2023
It will be proper if you take paid consultancy to compensate the lawyer's stock-in-trade required to advise you. The fact you had mentioned it is not practically possible to give legal solution to ur problem.
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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