A filed a suit for eviction on the ground of bona-fide need. subsequently, A filed another suit on the ground of default of payment of rent.Both suits are pending. whether 2nd suit may be stayed u/s 10 CPC?
mukesh gupta (advocate) 13 February 2012
A filed a suit for eviction on the ground of bona-fide need. subsequently, A filed another suit on the ground of default of payment of rent.Both suits are pending. whether 2nd suit may be stayed u/s 10 CPC?
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 13 February 2012
He has to two different causes of actions - though they relate to broadly the same transaction. He is not bound to club two different causes of action though he is allowed to do so. S.10 won't apply in my view. Though both suits be dealt with together.
adv. rajeev ( rajoo ) (practicing advocate) 13 February 2012
Nature of suits are different so it cannot be stayed u/s 10 of CPC
adv. rajeev ( rajoo ) (practicing advocate) 13 February 2012
Nature of suits are different so it cannot be stayed u/s 10 of CPC
Advocate Bhartesh goyal (advocate) 13 February 2012
Both the suits have different cause of action and grounds to get vacate the premises so sec 10 of C.P.C does not apply.
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